Order Code RL31309
Report for Congress
Received through the CRS Web
Appropriations for FY2003:
Commerce, Justice, and State,
the Judiciary, and Related Agencies
June 11, 2002
Susan B. Epstein, Coordinator
Specialist in Foreign Policy and Trade
Foreign Affairs, Defense, and Trade Division
Congressional Research Service ˜ The Library of Congress
Appropriations are one part of a complex federal budget process that includes budget
resolutions, appropriations (regular, supplemental, and continuing) bills, rescissions, and
budget reconciliation bills. The process begins with the President’s budget request and is
bound by the rules of the House and Senate, the Congressional Budget and Impoundment
Control Act of 1974 (as amended), the Budget Enforcement Act of 1990, and current
program authorizations.
This report is a guide to one of the 13 regular appropriations bills that Congress considers
each year. It is designed to supplement information provided by the House and Senate
Commerce, Justice, State Appropriations Subcommittees. It summarizes the current
legislative status of the bill, its scope, major issues, funding levels, and related legislative
activity. The report lists the key CRS staff relevant to the issues covered and related CRS
products.
This report is updated as soon as possible after major legislative developments, especially
following legislative action in the committees and on the floor of the House and Senate.
NOTE: A Web version of this document with active links is
available to congressional staff at:
[http://www.crs.gov/products/appropriations/apppage.shtml].
Appropriations for FY2002: Commerce, Justice, and
State, the Judiciary, and Related Agencies
Summary
This report tracks action by the 107th Congress on FY2003 appropriations for
the Departments of Commerce, Justice, and State, the Judiciary, and other related
agencies (often referred to as CJS appropriations). President Bush sent the FY2003
budget request to Congress on February 4, 2002 seeking a total budget authority level
for CJS appropriations of $42,346.7 million–a mandatory level of $649.3 million
and a discretionary level of $41,697.4 million ($43,907 million after score keeping
adjustments). The major components of the Administration’s FY2003 CJS request
include: Department of Justice–$22,800.3 million; Department of
Commerce–$5,552.2 million; the Judiciary–$5,241.6 million; and Department of
State–$8,138.9 million. Appropriation Committee hearings were held throughout
February, March and April.
Following are some of the key issues that are likely to surface within the context
of each agency budget debate:
Department of Justice. The FY2003 request is $22.8 billion, nearly $1 million
below the FY2002 enacted level. Key issues include: addressing terrorism,
restructuring the Immigration and Naturalization Service, tightening immigration and
visa rules, and improving border security enforcement.
Department of Commerce. The FY2003 request is $5.5 billion, more than 3%
below the FY2002 funding level. The decline is largely due to reduced funding
requests for science and technology. Key issues include the funding of controversial
technology programs and the enhancement of export control programs.
The Judiciary. For FY2003, the Judiciary request is $5.2 billion, 11.4% above
the FY2002 funding level. The Judiciary is seeking funds for cost-of-living salary
increases for judges and justices and an increase in the hourly pay of court-appointed
attorneys representing indigent defendants in criminal cases, as well as emergency
supplemental funds for protective coating on windows in all federal courthouses.
Department of State. The FY2003 request is more than $8.1 billion, about 4%
above the FY2002 enacted level, including the emergency supplemental
appropriations in (P.L. 107-117). The Department continues to stress its three top
priorities from last year: additional hiring; embassy security; and technology
improvements worldwide.
This report will be updated.
Key Policy Staff
Area of Expertise
Name
CRS Division
Tel.
Department of State and Int’l
Susan Epstein
FDT
7-6678
Broadcasting
Department of Commerce
Ben Canada
G&F
7-0632
Judiciary, FCC, and State
Steve Rutkus
G&F
7-7162
Justice Institute
Department of Justice
Denny Snook
DSP
7-7314
Department of Justice
Bill Krouse
DSP
7-2225
NIST-Technology Programs
Wendy H. Schacht
RSI
7-7066
Telecommunications
Glenn McLoughlin
RSI
7-7073
NOAA
Wayne Morrissey
RSI
7-7072
Equal Employment Opportunity
Linda Levine
DSP
7-7756
Legal Services Corporation
Carmen Solomon-
DSP
7-7306
Fears
EDA, SBA, FTC, & SEC
Bruce Mulock
G&F
7-7775
Maritime Industry
John Frittelli
RSI
7-7033
Trade agencies
Ian Fergusson
FDT
7-4997
Bureau of the Census
Jennifer D. Williams
G&F
7-8640
Patent & Trademark Office
Wendy H. Schacht
RSI
7-7066
Commerce Dept, Science and
Lennard G. Kruger
RSI
7-7070
Technology-related agencies
Immigration & Naturalization
Lisa Seghetti
DSP
7-4669
Service (INS)
SEC
Mark Jickling
G&F
7-7784
Technical Coordinator
Marietta Sharperson
RSI
7-7726
Division abbreviations: ALD = American Law Division; G&F = Government and Finance
Division; RSI = Resources, Science, and Industry Division, DSP = Domestic Social Policy
Division; FDT = Foreign Affairs, Defense, and Trade Division.
Contents
Most Recent Developments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Overview . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Recent Funding Trends . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
FY2003 Appropriation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Brief Survey of Key Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Government Performance Results Act (GPRA) Requirements . . . . . . . . . . . 5
Legislative Status . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Department of Justice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Background . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
FY2003 Funding Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
FY2003 Budget Request and Authorization . . . . . . . . . . . . . . . . . . . . . 7
Department of Justice Accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Related Legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Additional Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Department of Commerce . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Background . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
FY2003 Funding Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Related Legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Additional Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
The Judiciary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Background . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
FY2003 Funding Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Related Legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Additional Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Department of State and International Broadcasting . . . . . . . . . . . . . . . . . . . . . . 33
Background . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
FY2003 Funding Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Related Legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Additional Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Other Related Agencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Background and Current Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Maritime Administration (MARAD) . . . . . . . . . . . . . . . . . . . . . . . . . . 38
The Small Business Administration (SBA) . . . . . . . . . . . . . . . . . . . . . 39
Legal Services Corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Equal Employment Opportunity Commission (EEOC) . . . . . . . . . . . . 40
Commission on Civil Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Federal Communications Commission (FCC) . . . . . . . . . . . . . . . . . . . 41
Federal Maritime Commission (FMC) . . . . . . . . . . . . . . . . . . . . . . . . 41
The Federal Trade Commission (FTC) . . . . . . . . . . . . . . . . . . . . . . . . 42
Securities and Exchange Commission (SEC) . . . . . . . . . . . . . . . . . . . 42
The State Justice Institute (SJI) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Office of the U.S. Trade Representative (USTR) . . . . . . . . . . . . . . . . 44
U.S. International Trade Commission (ITC) . . . . . . . . . . . . . . . . . . . . 44
U.S. Commission on International Religious Freedom . . . . . . . . . . . . 44
Related Legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Appendix. Appropriations Funding for Departments of Commerce, Justice,
State, the Judiciary, and Related Agencies – FY2001, FY2002, and the
FY2003 Request . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
List of Tables
Table 1. Funding Trends for Departments of Commerce, Justice, and State, and the
Judiciary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Table 2. Departments of Commerce, Justice, and State, and the Judiciary
Appropriations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Table 3. Status of CJS Appropriations, FY2003 . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Appropriations for FY2002:
Commerce, Justice, State, the Judiciary,
and Related Agencies
Most Recent Developments
The Bush Administration sent its budget request for Commerce, Justice, State,
Judiciary, and Related Agencies to Congress on February 4, 2002. Both House and
Senate Appropriations Committees and CJS Subcommittees held hearings in
February, March, and April on the CJS FY2003 budgets.
Overview
This report tracks legislative action by the first session of the 107th Congress
on FY2003 appropriations for the Departments of Commerce, Justice, State, the
Judiciary, and other related agencies (often referred to as CJS appropriations). The
Administration’s request for FY2003 totals $42,346.7 million. Of that total, $649.3
million is mandatory and $41,697.4 million is discretionary. After score keeping
adjustments, such as retirement accrual and use of fees, the FY2003 budget authority
request totals $43,907 million.
For FY2002 and after the September 11th terrorist attacks, Congress
reconsidered funding allocations in the conference of H.R. 2500 to bolster counter-
terrorism activities within each agency’s title in the bill. Congress enacted its CJS
appropriation (P.L. 107-77) totaling $41,706.6 million for FY2002. In addition,
Congress passed emergency supplemental appropriations (P.L. 107-38) and (P.L.
107-117) to transfer a total of $2,355.1 million from the Emergency Response Fund
to the agencies within the CJS appropriation.1
Recent Funding Trends
On November 14, 2001, Congress approved total FY2002 CJS funding of $41.6
billion. The President signed this measure into law on November 28th. Although the
CJS funding legislation was at the conference stage on September 11th, Congress
scrutinized security and anti-terrorism funding at the conference level and reallocated
funding because of the terrorist attacks. In addition, the FY2002 budget levels for
1 The President signed the first emergency supplemental appropriation (P.L. 107-38) on
September 18, 2001; he signed legislation that provides additional emergency response
funds to some agencies on January 10, 2002 (P.L. 107-117).
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the Departments of Commerce, Justice, State and the Judiciary include the
emergency supplemental funding passed by Congress September 18, 2001.
The table below shows funding trends for the major agencies included in CJS
appropriations over the period FY1998-FY2002, including supplemental
appropriations. As seen in the table below, funding increased, in current dollars, for
the Department of Justice by $2,655 million (12.6%); for the Department of
Commerce by $591 million (11.3%); for the Judiciary by $452 million (10.6%); and
for the Department of State by $761 million (11.5%). Every agency except the
Department of Commerce has seen a continual increase in funds between FY1998
and FY2002. The Department of Commerce budget generally increased over these
years, with a greater than $3.5 billion increase in FY2000, largely due to funding the
cost of the 2000 decennial census. Its FY2001 level is comparable to its pre-census
level. The Department of State had a significant increase in its funding level from
FY1999 to FY2000, reflecting the increase in costs associated with the reorganization
of the foreign policy agencies into State. Of the 4 primary agencies within the CJS
appropriations, the Department of Justice received the greatest nominal increase of
$5,940 million from FY1998 to FY2002. The Department of State funding trend
since FY1998 shows the greatest percent increase of 82.4%; Justice budget grew by
33.4%, Commerce by 36.9%, and the Judiciary by 35.9%. Much of the State
Department increase has been attributable to increases in embassy security funding,
improvements in technology and staffing, along with the consolidation of the U.S.
Information Agency (USIA) and the Arms Control and Disarmament Agency
(ACDA) into the Department of State in 1999.
Table 1. Funding Trends for Departments of Commerce,
Justice, and State, and the Judiciary
(in millions of current dollars)
Department or Agency
FY1998
FY1999
FY2000
FY2001
FY2002
Justice
17,764
18,207
18,647
21,049
23,704
Commerce
4,251
5,098
8,649
5,153
5,739
Judiciary
3,464
3,652
3,959
4,255
4,707
State
4,037
4,359
5,880
6,601
7,362
Sources: Funding totals provided by Budget Offices of CJS and Judiciary agencies, and U.S. House
of Representatives, Committee on Appropriations.
FY2003 Appropriation
President Bush’s FY2003 budget request totals $43,907 million (after score
keeping adjustments) for Commerce, Justice, State, Judiciary, and Related Agency
mandatory and discretionary spending. The FY2003 request for actual appropriations
is $42,346.7 million–$640 million above the FY2002 appropriation total of
$41,706.6 million (after adjustments, but not including use of fees).2
2 For more details on FY2002 appropriations see CRS Report RL31009, Appropriations for
(continued...)
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Table 2. Departments of Commerce, Justice, and State, and the
Judiciary Appropriations
(in millions of dollars)
Department or
FY2003
FY2003
FY2001
House
Senate
Agency
Request
Enacted
Justice
21,049
22,800
Commerce
5,153
5,552
Judiciary
4,255
5,242
State
6,601
8,139
Sources: U.S. House Committee on Appropriations. This table does not include funds for
related agencies in the CJS legislation.
Brief Survey of Key Issues
In addition to heightened interest in counter-terrorism and security-related
activities since the September 11th attacks, some other contentious issues and
proposals that may surface in the House and Senate debate over CJS appropriations
for FY2003 include:
! Restructuring the Federal Bureau of Investigation to improve
counter terrorism, intelligence collection and analysis, and internal
agency security.
! Restructuring the Immigration and Naturalization Service, by
separating the agency’s services and enforcement functions, to
improve application processing and increase border security.
! Reassessing the Department of Justice’s role in providing domestic
preparedness training and assistance to state and local first
responders, and possibly shifting related programs to the Federal
Emergency Management Agency.
! Streamlining community policing and crime prevention programs
administered by the Department of Justice’s Office of Justice
Programs.
Other issues or concerns receiving attention included the following:
Department of Justice:
! Reducing firearms-related violence through enforcement of existing
laws.
2 (...continued)
FY2002: Commerce, Justice, and State, Judiciary, and Related Agencies, by Susan B.
Epstein et. al.
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! Reducing the supply and use of illicit drugs.
! Improving juvenile justice, reducing violence against women, and
providing legal assistance to victims of crime.
! Addressing civil rights violations, including racial profiling and
infringement of voter rights.
! Establishing new efforts and capacities to fight cybercrime.
! More efficiently managing contract detention space.
! Establishing an entry/exit control system to track non-citizens
admitted temporarily to the United States.
Department of Commerce:
! The Administration’s proposal to eliminate National
Telecommunications and Information Administration’s (NTIA’s)
Technology Opportunities Program (TOP), as well as significantly
reduce funding for NTIA’s program to support construction of
public broadcast facilities.
! The extent to which federal funds should be used to support
industrial technology development programs at the National Institute
of Standards and Technology (NIST), particularly the Advanced
Technology Program (ATP) and the Manufacturing Extension
Partnership (MEP).
! The Administration’s proposal to transfer the National Sea Grant
Program from the National Oceanic and Atmospheric
Administration (NOAA) to the National Science Foundation, amid
opposition from state Sea Grant partners and institutions.
! Funding for full implementation of the Census Bureau’s American
Community Survey, which will produce detailed demographic data
for every U.S. community by 2008 and replace the decennial census
long form in 2010, and for improved quality and timeliness of
economic statistics collected by the Bureau.
! Increasing funding for the Bureau of Export Administration to better
enforce U.S. export regulations, specifically with regard to
strategically-sensitive information.
Department of State:
! Overseas embassy security.
! Expanded public diplomacy activities focusing on Muslim/Arab
populations.
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! Increased hiring of foreign, civil service, and security experts.
! Improved information/communication technology.
The Judiciary:
! Whether to increase the hourly rate of pay to court-appointed “panel
attorneys” representing indigent defendants in federal criminal cases.
! Whether, as the Judiciary contends, federal judges and justices
should receive a cost-of-living salary increase.
! Whether, in the interests of court security, to provide emergency
supplemental funding for protective film on windows in all of the
nation’s federal courthouses.
Other Agencies:
! Whether to end federal funding for the State Justice Institute.
! Adequacy of funding for the Equal Employment Opportunity
Commission.
! Adequacy of funding for programs of the Small Business
Administration (SBA).
Government Performance Results Act (GPRA) Requirements
As part of the budget process, the Government Performance and Results Act
(GPRA) enacted by Congress in 1993 (P.L.103-62; 107 Stat 285) requires that
agencies develop strategic plans that contain goals, objectives, and performance
measures for all major programs. The GPRA requirements apply to nearly all
executive branch agencies, including independent regulatory commissions, but not
the judicial branch. Brief descriptions of the latest versions of the strategic plans of
the major agencies covered by CJS appropriations are contained in the discussions
of the individual agencies within this report.
Legislative Status
On February 4, 2002, President Bush submitted the FY2003 budget request for
appropriations for the Departments of Commerce, Justice, and State, the Judiciary
and related agencies. The House and Senate CJS Appropriations Subcommittees
held hearings throughout March, April, and May.
The table below shows the key legislative steps that occurred for the enactment
of FY2002 CJS appropriations legislation.
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Table 3. Status of CJS Appropriations, FY2003
Subcommittee Markup
House
Senate
Senate
Conference
Conference Report Approval
Public
House Passage
Report
Report
Passage
Report
Law
House
Senate
House
Senate
Department of Justice
Background
Title I of the CJS bill typically covers appropriations for the Department of
Justice (DOJ). Established by an Act of 1870 (28 U.S.C. 501) with the Attorney
General at its head, DOJ provides counsel for citizens and protects them through
effective law enforcement. It represents the federal government in all proceedings,
civil and criminal, before the Supreme Court. And in legal matters generally, the
Department provides legal advice and opinions, upon request, to the President and
executive branch department heads. Agencies in the departmental budget include:
! United States Attorneys prosecute criminal offenses against the
United States, represent the federal government in civil actions, and
initiate proceedings for the collection of fines, penalties, and
forfeitures owed to the United States.
! United States Marshals Service provides security for the federal
judiciary, protects witnesses, executes warrants and court orders,
manages seized assets, and detains and transports unsentenced
prisoners.
! Federal Bureau of Investigation (FBI) investigates violations of
federal criminal law; protects the United States from terrorism and
hostile intelligence efforts; provides assistance to other federal, state
and local law enforcement agencies; and shares jurisdiction with
Drug Enforcement Administration (DEA) over federal drug
violations.
! Drug Enforcement Administration (DEA) investigates federal drug
law violations; coordinates its efforts with state, local, and other
federal law enforcement agencies; develops and maintains drug
intelligence systems; regulates legitimate controlled substances
activities, and conducts joint intelligence-gathering activities with
foreign governments.
! Immigration and Naturalization Service (INS) administers and
enforces immigration law by admitting or excluding aliens at the
border, investigating immigration law violations, apprehending and
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processing for removal aliens illegally residing in the United States,
and processing immigration- and naturalization-related applications.
! Federal Prison System provides for the custody and care of the
federal prison population, the maintenance of prison-related
facilities, and the boarding of sentenced federal prisoners
incarcerated in state and local institutions.
! Office of Justice Programs (OJP) manages and coordinates the
activities of the Bureau of Justice Assistance, Bureau of Justice
Statistics, National Institute of Justice, Office of Juvenile Justice and
Delinquency Prevention, Community Oriented Policing Services
(COPS), and the Office of Victims of Crime.
FY2003 Funding Issues
Defending the Nation against future terrorist attacks has become the principal
focus of the Department of Justice. To this end, the Department is increasing its
efforts to disrupt and dismantle terrorist organizations, provide greater border
security to prevent terrorists from entering the country, and bring to justice those
persons who carry out terrorist attacks against American interests at home and
abroad. With the approval of the Attorney General, the Federal Bureau of
Investigation has completed phase 1 of a reorganization, realigning and centralizing
FBI assets for more effective counter terrorism, counterintelligence, and internal
agency security. The Immigration and Naturalization Service is also undergoing an
internal reorganization to separate the agency’s service and enforcement functions
to improve the processing of immigration-related applications and provide enhanced
border security.
Crime control has traditionally been viewed as a state and local responsibility.
Beginning with the passage of the Crime Control Act of 1968 (P.L. 90-351), the
federal role in the administration of criminal justice has increased incrementally.
Since 1984, Congress has enacted five major omnibus crime control bills,
establishing new crimes, penalties, and additional law enforcement assistance
programs for state and local governments. Crime control is one of the few areas of
the federal budget where discretionary spending has increased over the past two
decades.
FY2003 Budget Request and Authorization. For the Department of the
Justice (DOJ), the Administration’s FY2003 budget request is $22.8 billion as
compared to an enacted FY2002 funding level of $23.7 billion, a decrease of 4%.
While representing a net decrease, the FY2003 request includes about $2.0 billion in
funding enhancements for counter terrorism activities focused on disrupting terrorist
networks, preventing terrorist attacks, and bringing offenders to justice; according
to the Administration, these increases are offset by projected reductions in non-
recurring costs and other offsets in the agency and program budgets.
Other related initiatives include the more timely and effective use of intelligence
by the FBI and INS, new resources for FBI cybercrime initiatives, and revamping the
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FBI’s outdated information technology infrastructure. Border security initiatives
include doubling the number of Border Patrol agents and immigration inspectors on
the northern border, developing an effective alien entry/exit control system, and INS
restructuring. For domestic preparedness, however, the Administration proposes
shifting $1.2 billion in funding previously allocated for state and local law
enforcement assistance to the Federal Emergency Management Agency to centralize
efforts to equip and train state and local authorities as first responders to terrorist
attacks or other catastrophic events.
In regard to state and local law enforcement assistance, the Administration
proposes realigning justice assistance grant programs with a stronger emphasis on
accountability and establishing a new grant program for election reform. Also, to
improve financial accountability and coordination, the Administration proposes
consolidating the disbursement of detention funding for certain Justice agencies in
the Office of the Federal Detention Trustee.
Meanwhile, the House and Senate have passed different versions of a bill to
authorize the making of appropriations for the Department of Justice for FY2003
(H.R. 2215). The last fiscal year for which Congress completed legislation
authorizing the DOJ budget was 1981.
Department of Justice Accounts. The DOJ budget account structure
roughly mirrors the departmental organizational structure. Congress appropriates
funding for each account. The activity, agency, and program account structure,
however, is not uniform. Some accounts represent a single agency, e.g., the Drug
Enforcement Administration account. The Legal Activities account, by comparison,
includes multiple activity, agency, and program accounts. The Office of Justice
Programs account includes a series of law enforcement assistance grant programs, in
addition to departmental office and bureau accounts. (For an overview of
departmental accounts, see Table 1.)
In the discussion below, the Administration’s FY2003 request is compared to
last year’s enacted funding level or appropriation, including the percent increase or
decrease. In addition, some major requested budget increases over the activity or
agency base budgets are also given. In this regard, base budgets reflect the
Administration’s estimate of the level of funding necessary to conduct FY2002's
anticipated level of activities and services in FY2003. Hence, increases “over base”
are amounts requested by the Administration to carry out new or additional activities
and services.
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Title I. Department of Justice Budget Accounts
(millions of dollars)
FY2001
FY2002
FY2003 FY2003 FY2003 FY2003
Accounts
enacted
enacteda
request
House
Senate
Confer.
General Administration
418.7
427
1,969
U.S. Parole Commission
9.9
10
11
Legal Activities
3,143.4
3,556
3,077
General legal activities
534.6
562
645
U.S. Attorneys
1,247.6
1,410
1,506
U.S. Marshals Service
603.0
668
715
Prisoner detention
596.1
706
–
Other
162.1
210
211
Radiation Exposure
Compensation
2.0
2
2
Interagency Law Enforcement
325.2
339
362
Federal Bureau of Investigation
3,245.1
4,270
4,204
Salaries, expenses,
construction
2,808.4
3,811
3,731
Counterintelligence; nat.
security
436.7
459
473
Drug Enforcement
Administration
1,360.1
1,482
1,546
Immigration & Naturalization
Service
(direct appropriations)
4,801.5
4,049
4,032
enforcement; border affairs
(3,119.0)
(3,189)
(3,158)
citizenship, benefits; support
(577.5)
(632)
(89)
fee accounts
(1,549.5)
(2,143)
(2,311)
construction
(133.0)
(228)
–
support; administration
–
–
(786)
Total: INS net budget authority
with fees
(4,801.0)
(6,192)
(6,343)
Federal Prison System
4,306.4
4,626
4,480
Office of Justice Programs
4,657.5
4,944
3,117
Justice assistance
417.3
837
214
State and local law
enforcement
2,842.7
2,654
752
Weed and seed program
33.9
59
59
Community policing services
1,030.1
1,050
1,381
Juvenile justice programs
297.9
306
258
Election reform grants
–
–
400
Public safety officers benefits
35.6
38
53
Total: Justice Department
21,049.5
23,704
22,800
Source: Amounts are based on a table provided by the House Appropriations Committee.
aThe FY2002 enacted figures include supplemental funding provided by the FY2002 Department of
Defense Appropriations Act (P.L. 107-117).
CRS-10
For General Administration, the FY2003 request is $1.969 billion as compared
to an enacted FY2002 funding level of $427 million, a 361% increase. The bulk of
this increase would go to the Detention Trustee account to better manage
departmental funding for contracted detention space. Besides the Detention Trustee,
the General Administration account funds the Attorney General’s office, senior
departmental management, a counter terrorism fund, and the Inspector General’s
office. In this account, the FY2003 request also includes funding for two major
information technology initiatives: the continued development of the Joint
Automated Booking System (JABS) and the integration of the FBI and INS biometric
fingerprint identifications systems (IAFIS and IDENT).
The largest amount requested for the General Administration account, $1.389
billion, is for the Federal Detention Trustee’s office. This office was established in
FY2001, with an $1 million appropriation, to manage contractual detention funding
for the Department. Under this office, the FY2003 budget request would consolidate
contractual detention resources of the Immigration and Naturalization Service ($611
million) and the U.S. Marshals Service ($706 million). While these agencies would
remain responsible for daily detention operations, the Detention Trustee’s Office
would manage the disbursement of funds, which were previously carried under
separate accounts. The FY2003 request also includes $5 million for the creation of
a National Clearinghouse for Detention Space within this office to serve as a
repository of available detention space in the United States (state, local, and private).
The office would also oversee a study to improve the Joint Prisoner and Alien
Transportation System (JPATS).
For the counter terrorism fund, the FY2003 request includes $35 million, as
compared to $5 million provided last year, to detect, investigate, and prosecute
domestic or international terrorism.
The Office of the Inspector General (OIG) is responsible for investigating
departmental misconduct. In FY2001, the Attorney General ordered the OIG to
investigate allegations of misconduct at the Federal Bureau of Investigation and the
Drug Enforcement Agency. Previously such responsibility resided with the
respective agency offices of professional responsibility.3 To assume these new
responsibilities, the FY2003 request includes $64 million for the OIG, as compared
to an enacted funding level of $51 million in FY2001, a 25% increase. Meanwhile,
the Senate Committee on the Judiciary has reported a measure, the Federal Bureau
of Investigation Reform Act of 2002 (S. 1974), that includes a provision to make
such oversight statutory.
The U.S. Parole Commission adjudicates parole requests by federal and D.C.
Code prisoners who are serving felony sentences. For the commission, the FY2003
request is $11 million as compared to the enacted FY2002 funding level of $10
million. The authorization for the parole commission expires in November 2002.
Nevertheless, the Administration has requested additional funding for the
commission as its activities will continue into FY2003.
3 For further information, see CRS Report RS20944, Statutory Inspector General for the
FBI: Overview and Issues, by Frederick M. Kaiser and Diane T. Duffy.
CRS-11
For Legal Activities, the FY2003 request is $3.077 billion as compared to an
enacted FY2002 funding level of $3.556 billion, a 13% decrease. The Legal
Activities account includes several accounts: (1) general legal activities, (2) U.S.
Attorneys, (3) the U.S. Marshals Service, (4) prisoner detention, and (5) other legal
activities. Among other things, the general legal activities account funds the
Solicitor General’s supervision of the department’s conduct in proceedings before the
Supreme Court. It also funds several departmental divisions (tax, criminal, civil,
environment and natural resources, legal counsel, civil rights, and antitrust). For
these activities, the FY2003 request includes $645 million as compared to a $562
million appropriation in FY2002, a 15% increase.
The U.S. Attorneys and the U.S. Marshals Service are present in all of the 94
federal judicial districts. The U.S. Attorneys prosecute criminal cases and represent
the federal government in civil actions. For the U.S. Attorneys, the Administration’s
FY2003 request is $1.506 billion, as compared to $1.410 billion in FY2002, a 7%
increase. This increase includes $13 million in improvements over base: $8 million
for criminal and nearly $5 million for civil litigation. The U.S. Marshals are
responsible for the protection of the Federal Judiciary, protection of witnesses,
execution of warrants and court orders, and custody and transportation of
unsentenced federal prisoners. The FY2003 request for the Marshals is $715 million
as compared to $668 million in FY2002, a 7% increase. This increase includes $32
million over base, $30 million for federal court security and about $2 million for
fugitive apprehension. The request includes no funding for the Prisoner Detention
account, since such funding is included in the Detention Trustee’s office request
(discussed above).
For other legal activities. e.g., the Community Relations Service, the
Independent Counsel, the U.S. Trustee Fund, and the Asset Forfeiture program; the
FY2003 request is $211 million, slightly more than for FY2002.
The Radiation Exposure Compensation account funds a program to
compensate individuals exposed to radiation during atmospheric nuclear tests or
uranium production. To administer programs under this account, the FY2003 request
includes $2 million, the same amount as appropriated for FY2002.
The Interagency Law Enforcement account reimburses departmental agencies
for their participation in the Organized Crime Drug Enforcement Task Force
(OCDETF) program. Organized into 9 regional task forces, this program combines
the expertise of federal agencies4 with the efforts of state and local law enforcement
to disrupt and dismantle major narcotics trafficking and money laundering
organizations. The FY2003 request includes $362 million for OCDETF, as
compared to an enacted funding level of $339 million in FY2002, a 7% increase.
4 The federal agencies that participate in OCDETF are the Drug Enforcement
Administration; Federal Bureau of Investigation; U.S. Customs Service; Internal Revenue
Service; Bureau of Alcohol, Tobacco and Firearms; U.S. Coast Guard; U.S. Marshals
Service; Immigration and Naturalization Service; the Justice Tax and Criminal Divisions;
and the U.S. Attorneys.
CRS-12
This increase includes $15 million over base to increase counter-narcotics trafficking
efforts.
The Federal Bureau of Investigation (FBI), as the lead federal investigative
agency, has recently reorganized to focus on counter terrorism. The Administration’s
FY2003 request includes $4.204 billion as compared to the agency’s FY2002
appropriation of $4.270 billion, or a 2% decrease. According to the Administration,
however, the FY2003 request includes $446 million in budget increases for counter
terrorism offset by projected reductions in non-recurring costs and other offsets in the
agency’s budget. These counter terrorism increases include (1) $218 million for
related criminal investigations, (2) $25 million for forensics services, (3) $148
million for information management and telecommunications, (4) $37 million for
technical field support, and (5) $17 million for management and administration.
The Drug Enforcement Administration (DEA) is the lead federal agency tasked
with reducing the illicit supply and abuse of dangerous narcotics and drugs. For this
purpose, the FY2003 request is $1.546 billion as compared to an enacted FY2002
funding level of $1.482 billion, a 4% increase. The FY2003 request includes a $29
million increase over base: (1) nearly $11 million for domestic enforcement, (2) $7
million for foreign cooperative investigations, (3) $10 million for management and
administration, and (4) smaller amounts for intelligence and the DEA lab.
The Federal Prison System maintains 106 penal institutions nationwide, and
contracts with state, local, and private concerns for additional detention space. The
Administration projects that this system will house an average daily population of
143,197 sentenced offenders in federal institutions, and another 28,043 in contract
facilities, in FY2003. For the Federal Prison System, the FY2003 request is $4.480
billion as compared to an enacted FY2002 funding level of $4.626 billion, a 3%
increase. Under the salaries and expenses account, the FY2003 request includes the
following increases over base: (1) $67 million for inmate care and programs and (2)
$73 million for inmate security and administration. Under the buildings and facilities
account, the FY2003 request includes $205 million for new construction (a net
increase of 2,095 beds): one secure facility for females, one medium security federal
correctional institution, and expansion of three other facilities.
For the Immigration and Naturalization Service (INS), the FY2003 request
includes $4.032 billion in direct funding as compared to an enacted FY2002 funding
level of $4.049 billion, a slight decrease. In addition, the Administration anticipates
that the agency will receive $2.311 billion in fee receipts in FY2003 as compared to
$2.143 billion in FY2002. As Congress appropriates projected fee receipts for
obligation by INS, the total requested FY2003 budget for INS is $6.343 billion as
compared to the agency’s enacted FY2002 budget of $6.192 billion, a 2% increase.
Congress is currently considering legislation to restructure INS by splitting the
agency’s service and enforcement functions. And, the Administration is moving
forward with a restructuring plan to split these functions within INS.5 In line with
5 For additional information, see CRS Report RL31388, Immigration and Naturalization
(continued...)
CRS-13
these plans, the Administration’s FY2003 request would allocate direct funding and
projected fee receipts for the following functions: $3.977 billion to enforcement,
$1.464 billion for services, and $883 million for support and administration. Over
the agency’s base budget, the FY2003 request includes $976 million in budget
increases: $781 million for enforcement, $50 million for services, and $144 million
for support and administration. The increase for enforcement includes $362 million
for the continued development of entry/exit control and, for the northern border, $76
million for 570 additional border patrol agents, and $34 million for 460 additional
immigration inspectors. The $50 million for services is requested to reduce the
average processing time for all immigration-related applications to 6 months. The
increase for shared services includes $83 million for electronic information
management upgrades and $40 million for restructuring, among other things.
The Office of Justice Programs (OJP) manages and coordinates the National
Institute of Justice, Bureau of Justice Statistics, Office of Juvenile Justice and
Delinquency Prevention, Office of Victims of Crimes, Bureau of Justice Assistance,
and several grant programs. The FY2003 request includes $3.117 billion as
compared to the enacted FY2002 funding level of $4.944 billion, a 37% decrease.
This decrease reflects the Administration proposal to shift $1.2 billion in funding
from OJP to the Federal Emergency Management Agency (FEMA) to fund and
consolidate domestic preparedness programs by eliminating about $1.8 billion in
state and local assistance grant programs. At the same time, the Administration’s
FY2003 budget includes a proposal to create a new Justice Assistance grants program
to replace the Byrne programs, and an Election Process Improvement grant program.
The Justice Assistance account funds the operations of OJP bureaus and offices.
Besides funding OJP management and administration, this account funds research,
evaluation, and demonstration programs; technology centers; criminal justice
statistical programs; and other cooperative efforts that address missing children,
regional drug intelligence, and white collar crime. For this account, the FY2003
request is $214 million, as compared to an enacted funding level of $837 million for
FY2002, a decrease of 74%. This decrease reflects the Administration’s proposal
to transfer the Office of Domestic Preparedness (ODP) from OJP to FEMA, as part
of a wider initiative to streamline and centralize all federal terrorism-related
activities. ODP provides assistance to state and local emergency responders
(firefighters, emergency medical technicians, law enforcement, and other public
officials charged with emergency management).
OJP administers a number of grant programs to assist state and local
governments with law enforcement and other justice-related issues. As part of the
FY2003 request, these programs include (1) State and Local Law Enforcement
Assistance, (2) Weed and Seed crime prevention efforts, (3) Community Oriented
Policing Services, (4) Juvenile Justice Formula Grants, (5) a proposed Election
Process Improvement Program, and (6) Public Safety Officers Benefits.
5 (...continued)
Service: Restructuring Proposals in the 107th Congress, by Lisa Seghetti.
CRS-14
Under State and Local Law Enforcement Assistance, the Administration’s
FY2003 request would eliminate the Byrne grants programs ($846 million in
FY2002), the Local Law Enforcement Block Grants ($400 million in FY2002),
Indian Country Tribal Prison Construction program ($35 million in FY2002), and the
State Criminal Alien Assistance Program ($565 million in FY2002). For state and
local law enforcement, the FY2003 request is $751 million, as compared to an
enacted funding level of $2.654 billion in FY2002, a 72% decrease. The FY2003
request includes $719 for 4 of the largest remaining programs: Violence Against
Women Act grants ($375 million), Juvenile Incentive Block grants ($215 million),
Residential Substance Abuse ($77 million), and Drug Courts ($52 million).
The Weed and Seed program is designed to “weed out” crime in selected
neighborhoods, and “seed” them with coordinated crime prevention and human
service programs. The FY2003 request for Weed and Seed is $59 million, the same
amount as appropriated in FY2002.
In place of the Byrne grant programs, which were too often earmarked by
Congress according to the Administration, the FY2003 budget includes a proposal
to establish a Justice Assistance Grant program to be funded at $800 million under
Community Oriented Policing Services (COPS). To enhance public safety, COPS
provides grants to state, local, and Indian Tribal governments to expand community
policing and cooperation between law enforcement agencies and the members of the
community. The authority for the COPS grant programs lapsed at the end of
FY2000. For the last two years, however, Congress has continued to appropriate
funding for these programs.6 The FY2003 request includes $1.381 billion for COPS,
as compared to $1.050 in FY2002, a 24% decrease.
Under the Juvenile Justice Formula Grants program, OJP provides funding to
improve juvenile justice and corrections. Under this program, the Administration’s
FY2003 budget proposes funding Project ChildSafe ($75 million), to advance the
goal of ensuring that child safety locks are available for every handgun in the United
States. The overall FY2003 request for juvenile justice grants is $251 million, as
compared to an enacted funding level of $299 million for FY2002, a 19% decrease.
The FY2003 request includes $400 million to establish a new Election Process
Improvement Grant program. Based on recommendations made by the National
Commission on Federal Electoral Reform, this program would provide state and local
governments with annual grants to fund improvements in voting administration,
machines, registration, education, and poll worker training. In addition, the FY2003
request includes $53 million for Public Safety Officer Benefits (PSOB) as compared
to $38 million appropriated for FY2002, a 39% increase. The PSOB program
provides death benefits to survivors of public safety officers who die in the line of
duty, and disability benefits to those officers injured and disabled in the line of duty.
Benefits provided by this program were increased by the USA Patriot Act of 2001
(P.L. 107-56).
6 For further information, see CRS Report 97-196 GOV, The Community Oriented Policing
Services (COPS) Program: An Overview, by David Teasley and JoAnne O’Bryant.
CRS-15
The Government Performance and Results Act (GPRA) required the
Department of Justice, along with other federal agencies, to prepare a 5-year strategic
plan, including a mission statement, long-range goals, and program assessment
measures. In September 2000, the Department submitted its Strategic Plan for 2000-
2005 to Congress. Building upon the strategic plan, the Department’s FY2003
performance plan includes eight goals:
! protect the United States from the threat of terrorism;
! enforce federal criminal laws;
! prevent and reduce crime and violence by assisting state, tribal,
local, and community-based programs;
! defend and protect the rights and interests of the American people by
providing legal representation and enforcement of federal laws;
! administer immigration and naturalization laws fairly and
effectively;
! protect American society by providing for the safe, secure, and
humane confinement of persons in federal custody;
! protect the federal judiciary and support the federal justice system;
and
! ensure professionalism, excellence, accountability, and integrity in
the management and conduct of the Department of Justice.7
Detailed performance plans for individual activities, agency, and program accounts
are included in the departmental budget submission to Congress as well.
Related Legislation
H.R. 2215 (Sensenbrenner)
21st Century Department of Justice Appropriations Authorization Act.
Authorizes appropriations for the Department of Justice, among other things.
Amended and ordered reported by the Committee on the Judiciary on June 20, 2001.
Passed the House on July 23, 2001. Amended in the Senate with the text of S. 1319
and passed on December 20, 2001
H.R. 3231 (Sensenbrenner)
Barbara Jordan Immigration Reform and Accountability Act of 2002.
Dismantles the Immigration and Naturalization Service and creates separate bureaus
for immigration enforcement and services in its stead. Amended and reported
(H.Rept. 107-413) by the Committee on the Judiciary on April 19, 2002. Amended
and passed by the House on April 25, 2002.
H.R. 3525 (Sensenbrenner)
Enhanced Border Security and Visa Entry Reform Act of 2001. Includes
multiple provisions to increase immigration enforcement and border security.
7 US. Department of Justice, Office of the Attorney General, Fiscal Year 2001 Performance
Report & Fiscal Year 2002 Revised Final Performance Plan, Fiscal Year 2003 Performance
Plan, (Washington, 2002),
[http://www.usdoj.gov/ag/annualreports/pr2001/TableofContents.htm].
CRS-16
Amended and passed in the House on December 19, 2001. Amended and passed in
the Senate on April 18, 2002. The House passed the Senate-passed version of the bill
on May 8, 2002, and the bill was cleared for the White House. P.L. 107-173, signed
May 14, 2002.
S. 924 (Biden)
Protection Act of 2002. Reauthorizes the Community Oriented Policing
Services (COPS) programs, among other things. Amended and reported without a
written report by the Committee on the Judiciary on April 11, 2002.
S. 1974 (Leahy)
Federal Bureau of Investigation Reform Act of 2002. Includes provisions to
reform and improve oversight of the FBI. Ordered reported by the Committee on the
Judiciary on April 25, 2002. Report filed on May 10, 2002 (S.Rept. 107-148).
S. 1319 (Leahy)
21st Century Department of Justice Appropriations Act. Authorizes
appropriations for the Department of Justice, among other things. Amended and
ordered reported (without written report) by the Committee on the Judiciary on July
26, 2001. (See H.R. 2215, described above.)
S. 2444 (Kennedy)
Immigration Reform, Accountability, and Security Enhancement Act of 2002.
Restructures the Immigration and Naturalization Service by creating separate bureaus
for immigration enforcement and services, under the statutory oversight of an
Assistant Associate Attorney General for Immigration. Introduced on May 2, 2002.
Additional Reading
CRS Report 97-196. Community Oriented Policing Services (COPS) Program: An
Overview, by David Teasley and JoAnne O’Bryant.
CRS Issue Brief IB10095. Crime Control: The Federal Response, by JoAnne
O’Bryant and Lisa Seghetti.
CRS Report RL31388. Immigration and Naturalization Service: Restructuring
Proposals in the 107th Congress, by Lisa Seghetti.
CRS Issue Brief IB10071. Gun Control Legislation in the 107th Congress, by
William J. Krouse.
CRS Report RS20944. Statutory Inspector General for the FBI: Overview and
Issues, by Frederick M. Kaiser and Diane T. Duffy.
CRS-17
Department of Commerce
Background
Title II typically includes the appropriations for the Department of Commerce
and related agencies. The origins of the Department date back to 1903 with the
establishment of the Department of Commerce and Labor (32 Stat. 825). The
separate Department of Commerce was established on March 4, 1913 (37 Stat. 7365;
15 U.S.C. 1501).
The Department’s responsibilities are numerous and quite varied, but its
activities center around five basic missions: 1) promoting the development of
American business and increasing foreign trade; 2) improving the nation’s
technological competitiveness; 3) encouraging economic development; 4) fostering
environmental stewardship and assessment; and 5) compiling, analyzing and
disseminating statistical information on the U.S. economy and population.
The following agencies within the Commerce Department carry out these
missions:
! Economic Development Administration (EDA) provides grants for
economic development projects in economically distressed
communities and regions.
! Minority Business Development Agency (MBDA) seeks to promote
private and public sector investment in minority businesses.
! Bureau of the Census collects, compiles, and publishes a broad
range of economic, demographic, and social data.
! Economic and Statistical Analysis Programs provide 1) timely
information on the state of the economy through preparation,
development, and interpretation of economic data; and 2) analytical
support to department officials in meeting their policy
responsibilities. Much of the analysis is conducted by the Bureau of
Economic Analysis (BEA).
! International Trade Administration (ITA) seeks to develop the
export potential of U.S. firms and to improve the trade performance
of U.S. industry.
! Bureau of Export Administration (BXA) enforces U.S. export control
laws consistent with national security, foreign policy, and short-
supply objectives.
! National Oceanic and Atmospheric Administration (NOAA) provides
scientific, technical, and management expertise to 1) promote safe
and efficient marine and air navigation; 2) assess the health of
coastal and marine resources; 3) monitor and predict the coastal,
CRS-18
ocean, and global environments (including weather forecasting); and
4) protect and manage the nation’s coastal resources.
! Patent and Trademark Office (PTO) examines and approves
applications for patents for claimed inventions and registration of
trademarks.
! Technology Administration, through the Office of Technology
Policy, advocates integrated policies that seek to maximize the
impact of technology on economic growth, conducts technology
development and deployment programs, and disseminates
technological information.
! National Institute of Standards and Technology (NIST) assists
industry in developing technology to improve product quality,
modernize manufacturing processes, ensure product reliability, and
facilitate rapid commercialization of products based on new
scientific discoveries.
! National Telecommunications and Information Administration
(NTIA) advises the President on domestic and international
communications policy, manages the federal government’s use of
the radio frequency spectrum, and performs research in
telecommunications sciences.
The total appropriation for the Department of Commerce in FY2002 was $5.43
billion, which was about $341 million above the President’s request. The enacted
amount was also about $322 million above the House-passed bill and about $166
million below the Senate-passed bill. (For more information on funding of individual
agencies, see the Appendix.)
FY2003 Funding Issues
In his FY2003 budget request to Congress, the President requests $5.64 billion
in total funding for Title II, which includes the Department of Commerce and related
agencies. This amount is approximately $180 million (3.1%) less than the $5.82
billion Congress appropriated in FY2002.
For the Department of Commerce alone, the President requests $5.55 billion,
which is about $190 million (3.3%) below the FY2002 appropriation of $5.74 billion.
The President’s budget request calls for $70.9 million for Departmental
Management. This figure is almost $8.3 million (14.3%) more than the $62.6
million appropriated for FY2002. The majority of Departmental Management funds
go toward salaries and expenses. This component also includes $22.7 million for the
Inspector General’s office, which is about $1.5 million above the $21.2 million
appropriated for FY2002.
The Department’s Economic and Statistical Analysis programs are conducted
by the Bureau of Economic Analysis (BEA) and the Bureau of the Census. The
CRS-19
President requests $73.2 million for these programs, which was about $10.7 million
(17.1%) above the $62.5 million appropriated in FY2002. The Administration
believes that the BEA’s timely and accurate statistical reports are essential for
providing reliable data to policymakers, industry leaders, and consumers.
For the Bureau of the Census, the President requested a total of $737.6 million
for FY2003, an amount $246.8 million higher than the $490.8 million appropriated
for FY2002. The total FY2003 request includes $106 million for ongoing decennial
census of population and housing (Census 2000) activities; $219 million for Census
2010 planning and preparations, including full implementation of the American
Community Survey, which will produce detailed demographic data for every U.S.
community by 2008 and replace the census long form in 2010; $91 million for the
2002 economic census; and $8 million for the 2002 census of governments.
The President’s FY2003 request for the International Trade Administration is
$377.2 million, a $31.7 million increase over FY2002 levels ($345.5 million,
including the FY2002 supplemental). The administration requests $58.2 million for
the Trade Development Unit. In FY2002, Congress appropriated $67.7 million,
including several textile related initiatives not incorporated into the President’s
FY2002 request of $52.3 million. These ear-marks are not funded in the President’s
FY2003 request. The administration requests $37.2 million for the Market Access
and Compliance Unit. This request includes approximately $5 million for increased
compliance monitoring and enforcement, and support for World Trade Organization
and Free Trade of the Americas negotiations. Congress appropriated 27.7 million for
MAC in FY2002. The Import Administration (IA) unit receives a $7.6 million
increase to $53.6 million in FY2003- up from $46 million in 2002. An additional
$5.9 million is allocated for anti-dumping and countervailing duty enforcement. The
administration requests $201.8 million for the U.S. and Foreign Commercial Service
(USFCS), an increase of $6 million from the 195.8 million appropriated in FY2002.
In part, this increase will fund trade compliance related training for U.S. Export
Assistance Center employees and seminars for U.S. exporters. The agency is
currently reviewing its fee based programs with an intent to recoup more of its costs
through fees. ITA’s budget justification cautions that increased funding for several
programs are dependent on receiving at least $10 million in additional fee
collections.
The FY2003 request for the Bureau of Export Administration (BXA) is $ 103.3
million, a $34.4 million increase from the level Congress enacted in 2002 ( $68.9
million). This figure represents a $14.4 million increase for BXA’s principal
activities including administering and enforcing the Export Administration
Regulations, ensuring U.S. compliance with multilateral proliferation control
regimes, and managing the Critical Infrastructure Assurance Office (CIAO). An
additional $20 million has been requested to fund the Homeland Security Information
and Technology Evaluation Program within CIAO. This program will coordinate
information technology policy with the Office of Homeland Security and OMB to
better utilize federal information systems for homeland security purposes.
CRS-20
The Economic Development Administration (EDA) has experienced an
unsettled appropriations history over the past several Congresses.8 The agency’s
funding level was sharply reduced by the 104th Congress, then partially restored by
the 105th. In the first session of the 106th Congress, appropriators resolved EDA
program funding at the last possible moment. During the second session, the Senate
Appropriations Committee recommended a total appropriation of $249.5 million for
FY2001, or $187.5 million less than the agency requested, and $138.9 million less
than the total approved by the House. In the end, however, the conference agreement
provided a total adjusted appropriation of $439.8 million, about 3 million more than
the agency requested.
For FY2002, the Administration had requested a substantial reduction in EDA’s
overall funding. While the request included a small increase for Salaries and
Expenses (S&E), it called for significant reductions in the agency’s Economic
Development Assistance Programs (EDAP). The House set funding for FY2002 at
the Administration’s requested level, i.e., $30.6 million for S&E and $335 million
for EDAP, for a total EDA appropriation of $365.6 million. The Senate-passed bill
recommends slightly more — $371.6 million. The conference agreement provides
$30.6 million for S&E and $335 million for EDAP, for a total FY2002 appropriation
of $365.6 million.
For FY2003, the Administration is requesting total appropriation of $349.9
million for EDA. More specifically, it is requesting $317.2 million for EDAP, which
represents a net $17.8 million decrease from FY2002. Program decreases are
requested for: Public Works, $17.9 million; Planning, $1.7 million, and Technical
Assistance, $.665 million. Additional funding in the amount of $2.5 million is
requested for the Trade Adjustment Assistance Program (TAA). The request of
$32.7 million for S&E represents a $2.1 million increase above the FY2002
appropriation.
For the Minority Business Development Agency (MBDA), the Bush
Administration request is $28.9 million for FY2003, which is about $.5 million
(1.7%) above the $28.4 million appropriated in FY2002.
The U.S. Patent and Trademark Office (USPTO) is funded by user fees
collected from customers. For FY2002, P.L. 107-77 provided the USPTO with the
budget authority to spend $1,126 million. The funding includes $843.7 million in
FY2002 fee collections as well as $282.3 million in carryover fees generated in prior
years.
The Administration’s FY2003 budget would provide the USPTO with the
authority to spend $1,364.9 million of which $1,264.9 million is from offsetting fee
collections generated in FY2003 (from the expected $1,527 million) and $100
million is from fees paid in the previous fiscal year. An additional $207 million is
expected to be raised for use by the Office as the result of “...a one-year surcharge of
19.3 percent to be applied to patent statutory fees and a surcharge of 10.3 percent to
8 For background, see CRS Issue Brief IB95100, Economic Development Administration:
Overview and Issues, by Bruce K. Mulock.
CRS-21
be applied to certain trademark fees to cover necessary costs to fund the USPTO’s
long-term pendency and quality initiatives, pay the full Government share of the
accruing cost of retirement for current CSRS employees and post-retirement health
benefits for current civilian employees, and support initiatives such as e-
Government.”
Since 1990, appropriation measures have limited the Patent and Trademark
Office’s use of the full amount of fees collected in each fiscal year. This is an area
of controversy. Opponents argue that since agency operations are supported by
payments for services, the total amount of these collections should be available to
provide for those services in the year the expenses are incurred. Proponents of the
current approach maintain that the fees are necessary to balance the budget and that
the level of fees appropriated back to the USPTO are sufficient to cover operating
expenses.9
For FY2003, President Bush is seeking a total of $3.21 billion in appropriations
for the National Oceanic and Atmospheric Administration (NOAA). Of this
amount, $2.28 billion was requested for NOAA’s Operations, Research and Facilities
(ORF) account; $811.4 million for the Procurement, Acquisitions, and Construction
(PAC) account; and $114.1 million for NOAA’s Other Accounts. Additional budget
authority of $75 million would be transferred from the Promote and Develop Fishery
Products and Research Pertaining to American Fisheries (PDAF) account, and $3
million in collected fees would be transferred to ORF from the Coastal Zone
Management Fund (CZMF). Total Budget Authority requested for NOAA for
FY2003 would be $3.33 billion. NOAA’s Office of Financial Administration (OFA)
reported that NOAA proposes a total of $574.8 million for research and development
(R&D) spending for FY2003.
The FY2003 request is 5.65% greater than the President’s FY2002 request, and
1.35% less than FY2002 appropriations of $3.38 billion. Of the total ORF funding
requested, $385.3 million would be for the National Ocean Service (NOS); $603.5
million for the National Marine Fisheries Service (NMFS); $296.9 million for
Oceanic and Atmospheric Research (OAR); $725.3 million for the National Weather
Service (NWS); $151.9 million for the National Environmental Satellite Data and
Information Service (NESDIS); and $213.2 million for Program Support. Program
Support is subsequently divided as follows: $79.8 million for Corporate Services
(NOAA Administration), $108 million for the Office of Marine and Aviation
Operation (OMAO), and $24.6 million for NOAA Facilities (FAC). NOAA’s Other
Accounts include the Pacific Coastal Salmon Recovery account for which $110
million was requested; $3 million for the Coastal Zone Management Fund which is
transferred to NOS; and $1.1 million for other fisheries-related funds.
Highlights of the FY2003 President’s request include significant changes to base
funding for all NOAA programs for Civil Service Retirement System expenses
(CSRS). These new obligations would total $92.2 million in discretionary funding,
expenses which were originally mandatory spending funded by the federal Office of
9 For more information see CRS Report RS20906, U.S. Patent and Trademark Office
Appropriations Process: A Brief Explanation, by Wendy H. Schacht.
CRS-22
Personnel Management (OPM). The OMAO request includes $815,000 for new
hires for NOAA’s uniformed CORPS, and $36.7 million for the CORPS Officer’s
retirement fund (mandatory). Another significant change to base funding for OAR
would be a reduction of $62.4 million for the Ocean and Great Lakes Research
Programs, which is premised on the President’s proposal to transfer the National Sea
Grant College Program to the National Science Foundation (NSF). This transfer is
supported by the new NOAA Administrator, who is also Undersecretary of
Commerce for Oceans and Atmosphere. In addition, the President has requested a
total of $348.5 million for coastal conservation spending for FY2003, authorized
under the Coastal and Estuarine Lands Conservation Program (CELCP), Title VIII
of Department of Interior Appropriations for FY2001 (P.L. 106-552). That request
was divided as follows: NOS-$184.5 million, NMFS-$52.8 million, OAR and
NESDIS-$1.2 million, and PCSR-$110 million.
In the Defense Appropriations Act for FY2002 (P.L. 107-117), NOAA received
additional funding of $2.75 million for NESDIS for satellite control operations
security, and $0.75 million for oversight and enforcement of the licencing program
for satellite data and imagery. Funding was also restored under that same Act for
NOAA’s federal partners in NPOESS (to consolidate all federal polar orbiting
environmental observation satellites systems under one program). This funding
raised total appropriations for NPOESS to levels requested for FY2002; similar
levels were requested for FY2003. The President’s request for Homeland Security
activities at NOAA was $24.6 million. New for FY2003, $8.7 million was requested
for an “Energy Initiative” under OAR which would both manage the agency’s
research facilities energy use and assist the entire nation with weather advice to help
conserve energy. The President also proposed legislation to establish a Business
Management Fund to manage NOAA’s operating costs. For more information on
NOAA funding for FY2002, see CRS Report RL31117, National Oceanic and
Atmospheric Administration: a Review of the FY2002 Budget Request and
Appropriations.
The National Institute of Standards and Technology (NIST) was funded at
$674.5 million in FY2002 by P.L. 107-77, an increase of 13% over FY2001.
Included in this is $321.1 million for in-house R&D financed under the Scientific and
Technical Research and Services (STRS) account (3% above the previous fiscal year)
and $291million for Industrial Technology Services (ITS). Of this latter amount, the
Manufacturing Extension Partnership (MEP) is financed at $106.5 million and the
Advanced Technology Program (ATP) receives $184.5 million, a 27% increase.
Construction is funded at $62.4 million, almost twice that of FY2001. It should also
be noted that the FY2002 Defense Appropriations Act added $5 million into the
STRS account for cybersecurity activities.
For FY2003, the Administration is requesting $577.5 million for NIST, 15%
below the previous appropriation due primarily to a decrease in support for ATP and
MEP. Funding for the STRS account (that supports in-house R&D) would increase
23% to $402.2 million. The Advanced Technology Program would receive $107.9
million (35% below FY2002) and the Manufacturing Extension Partnership would
be funded at $12.9 million. The 89% decline in support for MEP is due to the
President’s recommendation that centers operating for more than 6 years do so
CRS-23
without federal financing.10 Construction activities would be funded at $54.5
million.11
Continued financing of the Advanced Technology Program has been a major
funding issue. ATP provides “seed financing,” matched by private sector investment,
to businesses or consortia (including universities and government laboratories) for
development of generic technologies that have broad applications across industries.
Opponents of the program cite it as a prime example of “corporate welfare,”
whereby the federal government invests in applied research activities that, they
maintain, should be conducted by the private sector. The Clinton Administration
defended ATP, arguing it assisted businesses (and small manufacturers) develop
technologies that, while crucial to industrial competitiveness, would not or could not
be developed by the private sector alone. For the previous two fiscal years (FY2000
and FY2001), the initial appropriation bills passed by the House, contained no
funding for ATP, although the program did receive support in the final legislation.
Similarly, the FY2002 appropriation bill originally passed by the House also
suspended financing for the program. However, ATP was ultimately funded at a
figure that represented a 27% increase over the previous fiscal year. In the FY2003
budget proposal, the Bush Administration has included funding for ATP, although
at a reduced level. However, the Administration’s budget significantly decreases
federal support for the Manufacturing Extension Partnership program.
The Office of the Undersecretary for Technology and the Office of
Technology Policy (OTP) was funded at $8.2 million in FY2002, a small increase
over the previous fiscal year. The Bush Administration’s FY2003 budget calls for
funding OTP at $8.1 million.
For FY2003, the Bush Administration has proposed that the National
Telecommunications and Information Administration (NTIA) receive $61.4
million, down from $74 million appropriated for FY2002. Most of this reduction
would be achieved by the Bush Administration’s request to eliminate funding for
NTIA’s Technology Opportunities Program (TOP) grants, which for FY2002 is
funded at $17 million. While critics of the TOP grants contend that the program has
achieved its objectives of funding pilot programs in areas that do not have easy or
direct access to the Internet or high-speed telecommunications, supporters maintain
that the program is very important to closing the “digital divide.” Also, the Bush
Administration has proposed that the NTIA receive an additional $3.3 million in new
funding to improve spectrum management and telecommunications research for
FY2003. NTIA also funds the public telecommunications facilities, planning, and
construction program which in recent years has supported conversion of public
broadcast transmission to digital. For FY2003, the Bush Administration calls for $44
million for this NTIA program, the same level as in FY2001 and down from $51
million appropriated for FY2002. The Bush Administration cites funding in the
10 For additional information see CRS Report 97-104, Manufacturing Extension Partnership
Program: An Overview, by Wendy H. Schacht.
11 For more information see CRS Report 95-30, The National Institute of Standards and
Technology: An Overview, by Wendy H. Schacht.
CRS-24
Corporation for Public Broadcasting budget, the Rural Utilities Service, as well as
in other parts of the Department of Commerce budget, to support this conversion.
The Government Performance and Results Act (GPRA) enacted by Congress
in 1993 (P.L. 103-62; 107 Stat 285) requires that agencies develop strategic plans that
contain goals, objectives, and performance measures for all major programs. The
latest Strategic Plan issued by the Department of Commerce for years FY2000-
FY2005 lists three strategic goals:
! Strategic Goal l. Provide the information and the framework to
enable the economy to operate efficiently and equitably.
! Strategic Goal 2. Provide infrastructure for innovation to enhance
American competitiveness.
! Strategic Goal 3. Observe and manage the Earth’s environment to
promote sustainable growth.
As mandated by GPRA, the Department’s FY2001 Annual Program
Performance Report and FY2003 Annual Performance Plan were released with the
FY2002 budget proposal. Both the program plan and report are available at:
[http://www.doc.gov/bmi/budget/].
Title II. Department of Commerce and Related Agencies
(millions of dollars)
FY2001
FY2002
FY2003
Department or Agency
Enacted Enacted Request
Departmental Management
55.8
62.6
70.9
Bureau of the Census
432.7
490.8
705.3
Economic and Statistical
Analysis
53.6
62.5
73.2
International Trade
Administration
333.7
344.5
363.7
Bureau of Export
Administration
64.7
70.6
100.2
Minority Business
Development Agency
27.2
28.4
28.9
National Oceanic and
Atmospheric Administration
3,040.8
3,258.8.
3,130.6
Patent and Trademark Officea
(1,037.0) (1,127.5) (1,304.4)
Technology Administration
8.1
8.2
7.9
National Institute of Standards
and Technology
597.0
680.8
563.1
National Telecommunications
and Information
Administration
100.2
81.3
60.3
CRS-25
FY2001
FY2002
FY2003
Department or Agency
Enacted Enacted Request
Economic Development
Administration
438.9
365.6
348.0
Subtotal: Commerce
Department
5,152.8
5,739.0
5,552.2
Office of the U.S. Trade
Representative
29.5
30.1
32.3
International Trade
Commission
48.0
51.4
54.0
Subtotal: Related Agencies
77.4
81.5
86.3
Total: Dept. of Commerce
and Related Agencies
5,230.2
5,820.5
5,638.5
aThe Patent and Trademark Office (PTO) is fully funded by user fees. The fees collected,
but not obligated during the current year, are available for obligation in the following
fiscal year. The Administration requests $100 million in prior-year carryover funds for
FY2003.
Related Legislation
S. 149 (Enzi et al.); H.R. 2557 (Menendez et al.); H.R. 2568 (Dreier, et al.)
Export Administration Act of 2001. A bill to provide authority for national
security and foreign policy export controls. S. 149 introduced January 23, 2001;
reported from the Senate Banking Committee with amendments, March 22, 2001;
pass the Senate on Sept. 6, 2001; H.R. 2557 introduced July 18, 2001, and H.R. 2568
introduced July 19, 2001; referred to House International Relations Committee,
House Armed Services Committee.
H.R. 1158 (Thornberry)
National Homeland Security Agency Act. Bill establishes a National Homeland
Security Agency. It requires several departments, including Commerce, to transfer
specified programs and authorities to the new agency. Commerce would transfer the
Critical Infrastructure Assurance Office and the Institute of Information Infrastructure
Protection.
H.R. 4687 (Boehlert)
National Construction Safety Team Act. Bill provides for the establishment of
investigative teams to assess building performance and emergency response and
evacuation procedures in the wake of any building failure that has resulted in
substantial loss of life or that posed significant potential loss of life.
Additional Reading
CRS Report 95-36. The Advanced Technology Program, by Wendy H. Schacht.
CRS Report 97-104. Manufacturing Extension Partnership: An Overview, by
Wendy H. Schacht.
CRS-26
CRS Report 95-30. The National Institute of Standards and Technology: An
Overview, by Wendy H. Schacht.
CRS Report RL31117. National Oceanic and Atmospheric Administration (NOAA):
Review of FY2002 Budget Request and Appropriations, by Wayne A.
Morrissey.
CRS Report RL30169. Reauthorization of the Export Administration Act,
coordinated by Ian F. Fergusson.
CRS Report RS20906. U.S. Patent and Trademark Office Appropriations Process:
A Brief Explanation, by Wendy H. Schacht.
The Judiciary
Background
Typically, Title III of the CJS appropriation covers funding for the Judiciary.
By statute (31 U.S.C. 1105 (b)) the judicial branch’s budget is accorded protection
from presidential alteration. Thus, when the President transmits a proposed federal
budget to Congress, he must forward the judicial branch’s proposed budget to
Congress unchanged. That process has been in operation since 1939. The total
appropriation for the Judiciary in FY2002 was $4.71 billion.
The Judiciary budget consists of more than 10 separate accounts. Two of these
accounts fund the Supreme Court of the United States – one covering the Court’s
salary and operational expenses and the other covering expenditures for the care of
its building and grounds. Traditionally, in a practice dating back to the 1920s, one
or more of the Court’s Justices appear before either a House or Senate appropriations
subcommittee to address the budget requirements of the Supreme Court for the
upcoming fiscal year, focusing primarily on the Court’s salary and operational
expenses. Subsequent to their testimony, the Architect of the Capitol submits a
request for the Court’s building and grounds account.12 Although it is at the apex of
the federal judicial system, the Supreme Court represents only a very small share of
the Judiciary’s overall funding. For FY2002, the total appropriations enacted for the
Supreme Court’s two accounts, $107.5 million, were less than 2.3% of the
Judiciary’s overall appropriation of $4.71 billion.
The rest of the Judiciary’s budget provides funding for the “lower” federal
courts and for related judicial services. Among the lower court accounts, one dwarfs
all others — the Salaries and Expenses account for the U.S. Courts of Appeals and
District Courts. The account, however, covers not only the salaries of circuit and
district judges (including judges of the territorial courts of the United States), but also
12 By authority of the Act of May 7, 1934 (P.L. 73-211), the Architect of the Capitol is
responsible for the structural and mechanical care of the Supreme Court building, including
care of its grounds. The Architect, however is not charged with responsibility for custodial
care, which is under the jurisdiction of the Marshal of the Supreme Court.
CRS-27
those of retired justices and judges, U.S. Court of Federal Claims, bankruptcy and
magistrate judges, and all other officers and employees of the federal Judiciary not
specifically provided for by other accounts.
Other accounts for the lower courts include Defender Services (for
compensation and reimbursement of expenses of attorneys appointed to represent
criminal defendants), Fees of Jurors, the U.S. Court of International Trade, the
Administrative Office of the U.S. Courts, the Federal Judicial Center (charged with
furthering the development of improved judicial administration), and the U.S.
Sentencing Commission (an independent commission in the judicial branch, which
establishes sentencing policies and practices for the courts).
The annual Judiciary budget request for the courts is presented to the House and
Senate appropriations subcommittees after being reviewed and cleared by the Judicial
Conference, the federal court system’s governing body. These presentations, typically
made by the chairman of the Conference’s budget committee, are separate from
subcommittee appearances a Justice makes on behalf of the Supreme Court’s budget
request.
The Judiciary budget does not appropriate funds for three “special courts” in the
U.S. court system: the U.S. Court of Appeals for the Armed Forces (funded in the
Department of Defense appropriations bill), the U.S. Tax Court (funded in the
Treasury, Postal Service appropriations bill), and the U.S. Court of Appeals for
Veterans Claims (funded in the Department of Veteran Affairs and Housing and
Urban Development appropriations bill). Construction of federal courthouses also
is not funded within the Judiciary’s budget. The usual legislative vehicle for funding
federal courthouse construction is the Treasury, Postal Service appropriations bill.
(For more details on individual appropriations for Judiciary functions, see the
appendix.)
FY2003 Funding Issues
Overview of the Judiciary’s Budget Request for FY2003. For
FY2003, the Judiciary has requested $5.24 billion in total budget appropriations, an
11.4% increase over $4.71 billion approved for FY2002. In testimony before the
House and Senate CJS Appropriations subcommittees, Judiciary officials have stated
that three quarters of the requested increase—$375 million—is required to continue
current operations in the federal courts, such as pay and benefit adjustments,
inflationary adjustments, increases in GSA space rental costs, an increase in filled
Article III judgeships, as well as the enhanced security measures taken since the
September 11, 2001 terrorist attacks and the subsequent anthrax threat. The
remainder of the request—$132 million—would address programmatic and
workload-related needs, including additional bankruptcy court staff to process an all-
time high number of bankruptcy filings, additional probation staff to supervise a
record number of offenders released from prisons, and increased district court staff
to handle projected growth in criminal filings.
Almost 80% of the total budget increase requested by the Judiciary, $418.0
million, would be in its largest account, Salaries and Expenses for the Courts of
Appeals, District Courts and Other Judicial Services. The Judiciary has requested
CRS-28
$4.01 billion for this account, an 11.7% increase over $3.6 billion enacted for
FY2002. The Judiciary’s request includes $102.7 million for 1,297 additional full-
time equivalent (FTE) court support staff. According to the Judiciary, 647 of the new
FTEs would be required to bring the courts up to staff and operating levels required
for FY 2002.13
The Judiciary’s request also includes increases for all of its other accounts,
except for two—the Supreme Court’s Building and Grounds account and Judicial
Retirement Funds ($35.3 million requested for the latter in FY2003, a 4.6%
decrease from FY2002). The Judiciary’s budget submission also includes a request
for a cost-of-living salary adjustment for federal judges and justices. That request,
as well as those for the Supreme Court, and for two of the Judiciary’s other larger
accounts, Court Security and Defender Services, are discussed below.
Supreme Court. The budget request of the Supreme Court for FY2002, as
customary, is in two parts. For its first account, Salaries and Expenses, the Court has
requested $46.3 million, an increase of $6.3 million, or 15.8%, over budget authority
of $40.0 million for FY2002. Most of the requested increase, $4.0 million, would
be to fund adjustments to base, to maintain current services. The rest of the increase,
$2.3 million, would be for program increases, including $1.6 million for automation
enhancements.
For its second account, Care of the Building and Grounds, the Court has
requested $53.6 million—a $13.9 million, or 20.6%, decrease, from FY2002 funding
of $67.5 million. Of the $53.6 million, $49.8 million would be carried forward from
FY2002 and retained in the budget base on a “No Year” basis for the Supreme Court
Building modernization project.14 The request for a decreased appropriation for this
account in FY2003 follows the FY2002 enacted appropriation of $37.5 million and
an emergency supplemental of $30.0 million provided for security. The two separate
appropriations, according to the Judiciary, allowed $63.8 million to be made
available for the Court building’s modernization project in FY2002. In addition, the
Judiciary has requested—and President Bush has included in his FY2002
supplemental budget request now before Congress—a second emergency
appropriation of $10 million for the Court’s Building and Grounds account. The $10
million would pay for Court perimeter security enhancements.
Court Security. For this account in FY2003, the Judiciary has requested
$298.2 million, compared with $278.2 million enacted for FY2002, a 7.2% increase.
The FY2003 amount, according to the Judiciary, includes $45.6 million for the
annualized, recurring costs associated with increased court security officer hours,
13 By court program, 230 additional FTEs are for probation and pretrial services, 200
additional FTEs are for district courts, 54 additional FTEs are for circuit courts of appeals,
and 163 FTEs are for bankruptcy courts.
14 To date, Congress has made $72.6 million available for the Court’s building
modernization project, which began in FY1998, when $225,000 was appropriated on an
annual basis to provide for a study on improvements to the Court’s building and systems.
The Judiciary has said that a total of $122.3 million will be required for the project. The
construction phase of the project is set to begin in April 2003 and end in March 2009.
CRS-29
additional deputy U.S. marshals, and enhanced screening—all of which were
implemented subsequent to the September 11, 2001 terrorist attacks in New York
City and Washington, D.C. The largest program increase would be $5.4 million to
fund perimeter security improvements at federal court courthouses.
Besides seeking funding for Court Security in its regular annual appropriation,
the Judiciary, since September 11, 2001, has obtained emergency supplemental
funding, and is seeking additional supplementing funding as well. Of $278.2 million
appropriated for Court Security in FY2002, $77.2 million came from emergency
supplemental funding to enhance security at federal court facilities nationwide. (Of
the $77.2 million, $19.7 million was provided by the President through an emergency
allocation on October 17, 2001, and $57.5 million came from the supplemental
signed by the President on January 10, 2002, P.L. 107-117.)
Subsequently, in February 2002, the Judiciary sought additional supplemental
funding for its Court Security account, to accompany President Bush’s new request
for $27.1 billion in supplemental funding for various federal departments as well as
the legislative and judicial branches. Specifically, the Judiciary requested $240
million for protective film or laminate for windows in federal courthouses throughout
the country—as well as $10 million to enhance perimeter security of the Supreme
Court building and grounds and $857,000 for security improvements at the U.S.
Court of Appeals for the Federal Circuit in Washington, D.C. In a February 28, 2002
letter to the Director of the Office of Management and Budget (OMB), a Judiciary
official explained that outside of Washington, D.C., “often the most visible, and
potentially vulnerable, federal facilities are courthouses.” Protective film or laminate
for windows in federal courthouses, he said, “remains a critical security concern for
the judiciary.”15
To the dismay of the Judiciary,16 the President’s new request for emergency
supplemental funding, now before Congress, includes only a small portion of the
the Judiciary’s supplemental request for Court Security. Specifically, rather than
requesting $240 million for window film and related physical security measures at
courthouses nationwide, the President has requested $3.1 million to fund such
measures at two federal courthouses only—at those trying terrorism-related cases in
Boston, Massachusetts, and Alexandria, Virginia. 17 (The President’s new emergency
supplemental request, however, is in accord with the Judiciary’s other two
supplemental requests, respectively, for $10 million for security upgrades of the
Supreme Court building and $857,000 for security enhances at the U.S. Court of
Appeals for the Federal Circuit.) The Judiciary has criticized OMB for “altering”
15 Leonidas Ralph Mecham, Secretary, Judicial Conference of the United States, letter to
Mitchell E. Daniels, Jr., Director, Office of Management and Budget, February 28, 2002.
16 Leonidas Ralph Mecham, Secretary, Judicial Conference of the Untied States, letter to
Mitchell E. Daniels, Jr., Director, Office of Management and Budget, April 4, 2002. See
also Charles Lane, “Judiciary Complains Bush Won’t Meet Security Needs,” Washington
Post, April 5, 2002, p. A7.
17 Further, the President requested this amount not for the Judiciary’s Court Security
account but for the Salaries and Expenses account of Courts of Appeals, District Courts, and
Other Judicial Services.
CRS-30
the Judiciary’s funding request, and has urged “restoration of the full judiciary
request to the [President’s] supplemental appropriation presented to Congress.”
Defender Services. This account funds the operations of the federal public
defender and community defender organizations, and the compensation,
reimbursement and expenses of private practice “panel attorneys” appointed by the
courts to serve as defense counsel to indigent individuals accused of federal crimes.
The Judiciary is seeking $588.8 million for Defender Services in FY2003, compared
with $500.7 million in FY2002—a 17.6% increase.
Nearly all of the requested increase, $87.5 million, would, according to the
Judiciary, be adjustments to base to maintain current services. Specifically, of that
overall amount, $30.1 million would “annualize” in FY2003 the hourly increase in
the pay rate of panel attorneys approved by Congress in the FY2002 CJS-Judiciary
bill.18 Another $17.1 million in requested funding would increase the hourly panel
attorney rate from $90 to $113 effective April 1, 2003. In its FY2003 budget
submission to Congress, the Judiciary termed the requested $17.1 million increase
as an adjustment to base “rate adjustment” rather than a program increase. The
Judiciary explained that under the Criminal Justice Act, as revised in 1986, the
Judicial Conference is authorized to make annual adjustments to the panel attorney
hourly pay rate. Accordingly, funding to increase the hourly rate to $113, the
Judiciary said, would ensure that it would not be “further eroded by inflation.”
Cost-of-living increase in judges’ and justices’ salaries. The
Judiciary’s budget submission also includes a request for $7.0 million to fund a 2.6%
cost-of-living increase in the salaries of lower federal court judges and Supreme
Court justices, consistent with the expected 2003 salary adjustment for federal
employees. Earlier, in his 2001 Year-End Report on the Federal Judiciary, Chief
Justice William H. Rehnquist maintained that more than a cost-of-living adjustment
was needed in the way of a judicial salary increase. The Chief Justice cited the
“relatively low pay that federal judges receive, compared to the amount that a
successful, experienced practicing lawyer can make.” This, he said, along with the
“often lengthy and unpleasant nature of the confirmation process,” makes it
“increasingly difficult to find qualified candidates for federal judicial vacancies.”19
The FY2002 CJS bill as enacted (P.L. 107-77) authorized a 3.4% cost-of-living
pay increases for federal judges, effective January 1, 2002.20 In his year-end report,
18 For FY2001, the pay rate for panel attorneys was $75 in-court and $55 out-of-court in
most locations, which the Judiciary said was well below the amount the attorneys needed
just to cover their overhead costs. In response, Congress agreed on an FY2002 increase in
panel attorney pay to $90 per hour both in- and out-of-court, effective no later than May 1,
2002.
19 U.S. Administrative Office of the U.S. Courts, “2001 Year-End Report on the Federal
Judiciary,” The Third Branch, vol. 34, January 2002, p. 2.
20 The salary adjustment increased the annual salaries of Article III judges as follows: for
Chief Justice of the United States, from $186,300 to $192,600; for Associate Justices of the
Supreme Court, from $178,300 to $184,400; for U.S. Courts of Appeals judges, from
(continued...)
CRS-31
Chief Justice Rehnquist said federal judges were grateful for the pay adjustment, but
added that “a COLA only keeps judges from falling further behind the median
income of the profession.” The FY2002 cost-of-living pay adjustment followed
similar upward adjustments in judges’ and justices’ salaries which Congress
approved in fiscal years 2001, 2000, 1998, and 1993. Congress, however, declined
to authorize such adjustments for FY1999 or for fiscal years 1994 through 1997.
As part of the budget process, the Government Performance and Results Act
(GPRA) enacted by Congress in 1993 (P.L. 103-62; 107 Stat. 285) requires that
agencies develop strategic plans that contain goals, objectives, and performance
measures for all major programs. However, as noted earlier, the judicial branch is
not subject to the requirements of this Act.
Title III. Judiciary
(millions of dollars)
FY2001
FY2002
FY2003
Department or Agency
Enacted
Enacted
Request
Supreme Court — Salaries
and Expenses
37.5
40.0
46.3
Supreme Court —
Building and Grounds
7.5
67.5
53.6
U.S. Court of Appeals for
the Federal Circuit
17.9
19.3
21.9
U.S. Court of International
Trade
12.4
13.1
13.8
Courts of Appeals,
District Courts, Other
Judicial Services —
Salaries and Expenses
3,352.9
3,596.1
4,014.1
Vaccine Injury Act Trust
Fund
2.6
2.7
2.8
Defender Services
434.0
500.7
588.7
Fees of Jurors and
Commissioners
59.4
48.1
57.8
Court Security
199.1
278.2
298.2
Administrative Office of
the U.S. Courts
58.2
64.5
66.9
Federal Judicial Center
18.7
19.7
21.9
Retirement Funds
35.7
37.0
35.3
U.S. Sentencing
Commission
9.9
11.6
13.2
20 (...continued)
$153,900 to $159,100; and for U.S. District Court judges and judges on the U.S. Court of
International Trade, from $145,100 to $150,000.
CRS-32
FY2001
FY2002
FY2003
Department or Agency
Enacted
Enacted
Request
General Provisions –
Judges’ Pay Raise
8.8
8.6
7.0
Total: Judiciary
4,254.8
4,707.2
5,241.6
Related Legislation
S. 147 (Feinstein)
Southwest Border Judgeship Act of 20001. Creates, in federal judicial districts
in four southwest border States, nine permanent district judgeships and nine
temporary district judgeships. Introduced, and referred to Judiciary Committee,
January 23, 2001.
S. 1162 (Feinstein)
Companion bill to H.R. 570 (below). Introduced, and referred to Judiciary
Committee, July 11, 2001.
H.R. 272 (Gonzalez)
Companion bill to S. 147. Introduced and referred to Judiciary Committee,
January 30, 2001; referred to Subcommittee on Courts, the Internet, and Intellectual
Property, February 12, 2001.
H.R. 570 (Biggert)
Federal Judicial Fairness Act of 2001. Repeals Federal statute limiting salary
increases for Federal judges or Supreme Court Justices to those specifically
authorized by Act of Congress, increases judicial pay immediately by 9.6%, and
provides for automatic annual cost-of-living increases in judicial salaries.
Introduced, and referred to Judiciary Committee, February 13, 2001; referred to
Subcommittee on Courts, the Internet and Intellectual Property, February 23, 2001.
H.R. 2522 (Coble)
Federal Courts Improvement Act of 2001. Sets forth or modifies various
provisions regarding judicial process (including bankruptcy administrator authority
to appoint trustees) and judicial personnel administration, benefits, and protections,
(including provisions concerning disability retirement and cost-of-living adjustments
of annuities for territorial judges, compensation for Federal Judicial Center
employees; annual leave limit for judicial branch executives; and supplemental
benefits for judicial branch employees). Introduced, and jointly referred to Judiciary
Committee and Committee on Education and the Workforce, July 17, 2001.
Referred to Judiciary Subcommittee on Courts, the Internet, and Intellectual Property,
July 20, 2001; subcommittee hearings held, July 26, 2001. Jointly referred to
Education and Workforce Subcommittee on Employer-Employee Relations and
Subcommittee on 21st Century Competitiveness, October 9, 2001.
H.R. 4125 (Coble)
Federal Courts Improvement Act of 2002. Makes various administrative
changes to federal judiciary procedures and allows for the establishment of a
CRS-33
supplemental benefits program for officers and employees of the judicial branch.
Introduced and referred to Judiciary Committee, April 10, 2002; referred to Judiciary
Subcommittee on Courts, the Internet, and Intellectual Property, April 26, 2002;
approved and reported to full Judiciary Committee, May 1, 2002.
Additional Reading
CRS Report 98-527. Federal Courthouse Construction, by Stephanie Smith.
CRS Report RS20278. Judicial Salary-Setting Policy, by Sharon S. Gressle.
U.S. Administrative Office of the United States Courts. “[Chief Justice’s] 2001
Year-End Report on the Federal Judiciary,” The Third Branch, vol. 34, January
2002, pp. 1-2.
Department of State and International Broadcasting
Background
The State Department, established July 27, 1789 (1 Stat.28; 22 U.S.C. 2651),
has a mission to advance and protect the worldwide interests of the United States and
its citizens. Currently, the State Department supports the activities of more than 50
U.S. agencies and organizations operating at 257 posts in 180 countries. As covered
in Title IV, the State Department funding categories include administration of
foreign affairs, international operations, international commissions, and related
appropriations. The enacted FY2002 State Department appropriation is $7.9 billion.
Typically, more than half of State’s budget (about 71% allocated for FY2002) is for
Administration of Foreign Affairs, which consists of salaries and expenses,
diplomatic security, diplomatic and consular programs, technology, and
security/maintenance of overseas buildings.
The Foreign Relations Authorization for FY1998-1999 (P.L. 105-277) provided
for the consolidation of the foreign policy agencies. As of the end of FY1999, the
Arms Control and Disarmament Agency (ACDA) and the United States Information
Agency (USIA) were abolished, and their budgets and functions were merged into
the Department of State.
Security issues have remained a top priority since the August 7, 1998 terrorist
attacks on two U.S. embassies in Africa. An immediate response was a $1.56 billion
supplemental enacted by the end of that year. In November 1999, the Overseas
Presence Advisory Panel reported its findings on embassy security needs and
recommendations. Also in November 1999, Congress authorized (P.L. 106-113)
$900 million annually for FY2000 through FY2004 for embassy security spending
within the embassy security, construction and maintenance (ESCM) account, in
addition to worldwide security funds in the diplomatic and consular programs
(D&CP) account.
CRS-34
After the September 11, 2002 terrorist attack, an emergency supplemental
appropriation (P.L. 107-117) was enacted which included a total of $61.14 million
for counter-terrorist and emergency response activities within the Department of
State: $390,000 for Diplomatic and Consular Programs for added security salaries
and expenses, $7.5 million for Capital Investment Fund for improved
communications at domestic and overseas facilities, and $41 million for Emergencies
in the Diplomatic and Consular Service account for reward money and evacuation
of personnel at high threat embassies, should it be necessary.
The United States contributes in two ways to the United Nations and other
international organizations: (1) voluntary payments funded in the Foreign Operations
Appropriations bill and (2) assessed contributions included in the Commerce, Justice,
and State Appropriations measure. Assessed contributions are provided in two
accounts, international peacekeeping (CIPA) and contributions to international
organizations (CIO). Following a period of dramatic growth in the number and
costs of U.N. peacekeeping missions during the early 1990s, a trend that peaked in
FY1994 with a $1.1 billion appropriation, funding requirements have declined in
recent years. The FY2000 enacted appropriation for CIO was $885 million, $500
million for international peacekeeping, and $351 million for U.S. arrearage payments
to the U.N. if certain reform criteria were met. Only $100 million of the appropriated
arrearage payments had been released because the reforms had not been
implemented. After the United States lost its seat on the U.N. Human Rights
Commission in 2001, the Foreign Relations Authorization bill added a provision
(Sec. 601, H.R. 1646) that would have restricted payment of $244 million of U.S.
arrearage payments to the U.N. until the United States regained its seat. After the
September 11th attacks, however, Congress passed S. 248 (P.L. 107-46) which
authorized arrearage payments to the U.N. (For more detail, see CRS Issue Brief
IB86116, U.N. System Funding: Congressional Issues, by Vita Bite).
International broadcasting, which had been a primary function of the USIA
prior to 1999, is now carried out by an independent agency referred to as the
Broadcasting Board of Governors (BBG). The BBG includes the Voice of America
(VOA), Radio Free Europe/Radio Liberty (RFE/RL), Cuba Broadcasting, Radio Free
Asia (RFA), Radio Free Iraq, Radio Free Iran and the newly-authorized Radio Free
Afghanistan. The BBG’s FY2002 appropriation was $498.2 million including funds
for over 3,400 staff positions. In FY2002 the BBG began a pilot project to create a
new Middle East Radio Network (MERN) by reallocating base funds. The
emergency supplemental appropriation passed in 2001 included $12.25 million for
expanded broadcasting by VOA and RFE/RL to Muslim audiences in and around
Afghanistan.
FY2003 Funding Issues
The Administration’s FY2003 budget request for the Department of State and
international broadcasting totals $8.1 billion, 3.5% above the FY2002 enacted level
of $7.9 billion. The request is comparable to the FY1999 enacted level which also
included the $1.56 billion emergency supplemental appropriation for overseas
security and Y2K computer compliance. Secretary of State Colin Powell testified
before House and Senate committees in February, March and April that the
Administration’s State Department budget request for FY2003 continues to have the
CRS-35
same 3 top priorities as last year: 1) embassy construction and security; 2)
information technology; and 3) hiring additional Foreign and Civil Service staff. (For
more detail the State Department budget, see CRS report RL31370, State Department
and Related Agencies: FY2003 Appropriations, by Susan B. Epstein.)
The President’s FY2003 request of $5,886.7 million for State’s administration
of foreign affairs is about 6% above the FY2002 enacted level. The administration
of foreign affairs request included: $3,937 million for D&CP, $177 million for the
capital investment fund (CIF); $245 million for the education and cultural
exchanges account; $1,305 million for ESCM; and $15 million for emergencies in
the diplomatic and consular services account. The Administration sent a
supplemental request to Congress on March 21, 2002 seeking an additional $51.05
million for D&CP, $2.5 million for CIF, $10 million for educational and cultural
exchanges, $200.516 million for ESCM and $8 million for emergencies in diplomatic
and consular service.
Continuing an emphasis on overseas security particularly after the September
11th attacks, the Administration is requesting a total of $1,308 million for worldwide
security upgrades, similar to last year’s funding. Of this total, $553 million is within
D&CP, primarily for ongoing expenses of past actions such as salaries for more
guards, maintenance of security technology, and hiring of 134 additional security
professionals. In addition, the Administration is requesting $755 million within
ESCM, largely for upgrading overseas facilities, improving perimeter security, and
meeting the needs of the most urgent embassy security projects. The total ESCM
account request is roughly the same as the FY2002 enacted level with slightly more
for construction-related activities and slightly less for security-related activities. ( For
more detail, see CRS report RL30662 Embassy Security: Background, Funding, and
the Budget by Susan B. Epstein.)
The nonsecurity-related funding request within D&CP is primarily for salaries
and expenses of personnel, as well as support for U.S. diplomatic activities around
the world. Secretary Powell testified that, while the Department did get
congressional approval and funding last year to increase hiring by 360 general staff,
186 security professionals, and technical experts in 2002, staffing gaps continue to
exist. The FY2003 State Department request includes funding for 631 new positions.
That would amount to an increase in new hires of more than 1,100 within two years.
The capital investment fund (CIF), which was established in 1994, provides
for purchasing information technology and capital equipment to ensure efficient
management, coordination, operation, and utilization of State’s resources. For many
years, State Department officials have testified that the Department’s technology
problems — ranging from archaic telephones and copy machines to lack of
computers and Internet access — have received inadequate funding. This point was
evident after the September 11th terrorist attacks when the embassies did not have the
ability worldwide to communicate with each other or with State Department
headquarters in Washington, D.C. In addition to the $7.5 million for CIF in the
emergency supplemental, the FY2003 request would provide $177 million–$33.5
million (16%) below the FY2002 enacted level of $203 million plus the emergency
supplemental passed in the fall 2002. The supplemental request currently before
CRS-36
Congress includes $2.5 million for CIF for development of a global anti-terrorism
database for the classified community.
Educational and cultural exchange programs include programs such as the
Fulbright, Muskie, and Humphrey academic exchanges, as well as the international
visitor exchanges and some Freedom Support Act programs. Secretary of State
Powell has testified on Capitol Hill that he believes exchange programs are critical
to promoting American ideals and democracy abroad. The Administration is
requesting $245 million for the FY2003 exchange account, an increase of about $8
million (3.3%) over the FY2002 level. This amount would be the highest level for
exchanges since the mid-1990s when the Freedom Support and the Support for East
European Democracy (SEED) programs were first funded. The supplemental request
currently being considered in Congress includes an additional $10 million to increase
exchanges with Muslim populations.
The Bush Administration is requesting $891.4 million for contributions to
international organizations (CIO). The request would provide full funding of U.S.
assessed contributions to 43 international organizations including the World Health
Organization, the North Atlantic Treaty Organization, the International Atomic
Energy Agency, and the Organization for Economic Cooperation and Development.
In addition, the Administration is requesting $7 million within the supplemental
request to meet U.S. assessed obligations of costs of the U.N. Special
Representative’s operation in Afghanistan.
The Administration is requesting $726 million for international peacekeeping
($118.2 million less than the FY2002 level) which would provide funding for
ongoing peacekeeping activities in Kosovo, East Timor, Africa, and the Middle East.
Funds would also support War Crimes Tribunals for Yugoslavia and Rwanda. The
lower request reflects a lower peacekeeping assessment rate, and project terminations
or reduction of operations in specified areas. The Administration is asking that 15%
of CIPA funds be provided as two-year funding because of the unpredictability of
requirements for this account from year-to-year. Within the supplemental request,
the Administration is seeking an additional $43 million for CIPA to meet the U.S.
share of projected increases in U.N. peacekeeping operations.
The Administration’s FY2003 request for international broadcasting totals
$507 million or about 2% above the FY2002 level including the emergency
supplemental. The request includes $25.4 million for Cuba Broadcasting and $13.7
million for capital improvements. The request includes funding for surge
broadcasting to South/Central Asia and the Middle East, AM transmitting facilities
in Egypt and Djibouti, and broadcasting in Arabic and other languages among
Muslim populations. The capital improvements funding request would provide
continued financial support for technical improvements and maintenance of existing
facilities, as well as medium wave transmission capability in the Middle East. In
addition, the Administration is requesting $7.4 million for expanding broadcasting
services in the Dari and Pashto languages.
The Government Performance and Results Act (GPRA) enacted by Congress
in 1993 (P.L. 103-62; 107Stat 285) required that agencies develop strategic plans that
contain goals, objectives, and performance measures for all major programs. State’s
CRS-37
most recent GPRA report : U.S. Department of State Performance Plan, Fiscal Years
2001 - 2002, September 2001, established the following 8 categories of performance
goals: 1) National Security, including weapons of mass destruction and regional
stability; 2) Economic prosperity, such as open markets, U.S. exports, global
economic growth, and economic development; 3) American citizens and U.S. borders
with subcategories–American citizens, and travel and migration; 4) Law enforcement
with emphasis on international crime, illegal drugs, and countering terrorism; 5)
Democracy; 6) Humanitarian response; 7) Global issues including environment,
population, and health; 8) Diplomatic readiness–mutual understanding, human
resources, information resources, and infrastructure and operations.
Title IV. Department of State and International Broadcasting
(millions of dollars)
FY2001 FY2002 FY2003
Department or Agency
Enacted Enacted Request
Administration of Foreign Affairs
4,777.2
5,549.2
5,886.7
International Organizations and
Conferences
1,713.1
1,694.1
1,617.4
International Commissions
56.1
60.5
67.3
Related Appropriations
54.4
57.7
60.5
Subtotal: State Departmenta
6,600.8
7,361.5
7,631.9
International Broadcasting
440.5
479.0
507.0
Total: State Department, and
International Broadcasting
7,041.3
7,840.5
8,138.9
a In addition to appropriations, State has authority to spend certain collected fees from machine
readable visas, expedited export fees, etc. For FY2001, this amount equals $469.4 million; the
estimated amount for such fees for FY2002 is $542.7 million. The President’s FY2003 request
includes use of $744.4 million in collected fees.
Related Legislation
H.R. 1646 (Hyde)/S. 1401 (Biden)/S. 1803 (Biden)
The Foreign Relations Authorization Act, Fiscal Years 2002 and 2003. Would
authorize State Department spending of appropriations and other foreign relations
activities. Introduced April 27, 2001. Committee reported bill to House (H.Rept.
107-57). Passed by the House (352-73) May 16, 2001. Referred to Senate Foreign
Relations Committee May 17, 2001. Senate Foreign Relations Committee markup
held July 26. Committee reported bill to the Senate (S.Rept. 107-60) on September
4th. Senate added S. 1803 as an amendment to H.R. 1646 and passed it May 1, 2002.
H.R. 3969 (Hyde)
The Freedom Promotion Act of 2002. Would promote U.S. public diplomacy
activities, exchange programs with predominately Muslim countries, and reorganize
CRS-38
international broadcasting. Introduced March14, 2002. Committee markup and
ordered reported April 25, 2002.
Additional Reading
CRS Report RL30662. Embassy Security: Background, Funding, and the Budget,
by Susan B. Epstein.
CRS Report RL31046. Foreign Relations Authorization, FY2002/2003: An
Overview, by Susan B. Epstein.
CRS Report RL31370. State Department and Related Agencies FY2003
Appropriations, by Susan B. Epstein.
CRS Issue Brief IB86116. U.N. System Funding: Congressional Issues, by Vita Bite.
Other Related Agencies
Background and Current Issues
This section includes all other related agencies covered by Title V of the CJS
appropriations bill whose FY2002 appropriations exceeded $1.8 million.21 The CJS
appropriations also cover funding for several relatively small governmental functions,
including several special government commissions. (See table below.) (For
additional information on the funding of other related agencies covered by this
legislation, see: Budget of the United States Government, Fiscal Year
2003–Appendix, 107th Cong.)
Maritime Administration (MARAD). MARAD administers programs that
aid in the development, promotion, and operation of the nation’s merchant marine
(including programs that benefit vessel owners, shipyards, and ship crews). The
Administration requested $212 million for MARAD for FY2003, $15 million less
than Congress appropriated in FY2002. The President’s budget request includes $97
million for operations and training and $98.7 million for the Maritime Security
Program (MSP). MSP is a fleet of 47 privately-owned U.S. flag commercial vessels
engaged in international trade that are available to support the Department of Defense
in a contingency. The Administration requested $11 million for the disposal of four
obsolete ships in the National Defense Reserve Fleet. Congress appropriated no
21 Agencies which have received appropriations of less than $1.8 million include:
Commission for the Preservation of America’s Heritage Abroad ($490 thousand in FY2001;
$489 thousand requested for FY2002); Commission on Electronic Commerce (newly created
body, FY2000 funding was $1.4 million; no additional funding in FY2001or FY2002
request); Commission on Security and Cooperation in Europe ($1.37 million for FY2001;
$1.5 million requested for FY2002); the Marine Mammal Commission ($1.7 million for
FY2001; $1.7 million requested for FY2002), Commission on Ocean Policy ($1 million for
2001; nothing requested for FY2002), and the newly created Congressional/Executive
Commission on China ($500 thousand for 2001; $500 thousand requested for FY2002).
CRS-39
funds for ship disposal in FY2002. Title XI, the Maritime Guaranteed Loan Program,
provides guaranteed loans for purchasing ships from U.S. shipyards and for the
modernization of U.S. shipyards. The President requested no funds for loan
guarantees for FY2003. In FY2002, Congress appropriated $33 million for Title XI
loan guarantees.
The Small Business Administration (SBA).The SBA is an independent
federal agency created by the Small Business Act of 1953. While the agency
administers a number of programs intended to assist small firms, arguably its three
most important functions are to guarantee — principally through the agency’s 7(a)
general business loan program — business loans made by banks and other financial
institutions; to make long-term, low-interest loans to victims of hurricanes,
earthquakes, other physical disasters, and acts of terrorism; and to serve as an
advocate for small business within the federal government.22
For FY2002, the Administration requested a total appropriation for SBA of
$539 million (and an additional carryover balance of $37.9 million in the agency’s
Disaster Loan Programs account). In December 2000, Congress approved a total
FY2001 appropriation for SBA of $899.5 million. Thus, the FY2002 request
represented a decrease of $360.5 million from the previous year. SBA’s FY2002
budget request, however, asserted that the agency would be able to maintain or
increase its assistance to small business with reduced resources, mainly by increasing
user fees and restructuring disaster relief funding.
The House Appropriations Committee recommended a $727.9 million CJS
appropriation for the SBA for FY2002, which included $303.6 million for Salaries
and Expenses (S&E).23 Notably, the recommendation included $77 million for the
guaranteed loan subsidy for the 7(a) program, whereas — as noted above — the
Administration sought to offset the subsidy cost by increasing user fees. The full
House increased SBA’s funding to $744.9 million with transfers from the
Department of State and the Department of Commerce. The Senate-passed bill
recommended $773.5 million, $28.6 million more than the House-passed level and
$231.5 million more than was requested.
The conference agreement provided the SBA with a total appropriation of
$768.5 million for FY2002, including $308.5 million for S&E.
For FY2003, the President’s budget requests a total appropriation of $798
million for SBA, including $362 million for S&E.
Legal Services Corporation. LSC is a private, non-profit, federally-funded
corporation that provides grants to local offices that, in turn, provide legal assistance
to low-income people in civil (non-criminal) cases. The LSC has been controversial
since its inception in the early 1970s, and has been operating without authorizing
22 For information about the SBA, see CRS Report 96-649, Small Business Administration:
Overview and Issues, by Bruce K. Mulock
23 For the SBA, the category “Salaries and Expenses” includes a host of non-credit programs
and initiatives.
CRS-40
legislation since 1980. There have been ongoing debates over the adequacy of
funding for the agency, and the extent to which certain types of activities are
appropriate for federally funded legal aid attorneys to undertake. In annual
appropriations laws, Congress traditionally has included legislative provisions
restricting the activities of LSC-funded grantees, such as prohibiting representation
in certain types of cases or conducting any lobbying activities.
P.L. 107-77 included $329.3 million for LSC for FY2002. This is identical to
the FY2001 appropriation for LSC (after the rescission) and the Bush
Administration’s FY2002 budget request for LSC. The LSC appropriation for
FY2002 included $310 million for basic field programs, $12.4 million for
management and administration, $4.4 million for client self-help and information
technology, and $2.5 million for the inspector general. P.L. 107-77 also included
existing provisions restricting the activities of LSC grantees. ( For more detail, see
CRS Report 95-178. Legal Services Corporation; Basic Facts and Current Status,
by Carmen Solomon-Fears.)
For FY2003, the Bush Administration requested $329.3 million for the LSC,
which included $310 million for basic field programs, $13.3 million for management
and administration, $3.4 million for client self-help and information technology, and
$2.6 million for the inspector general. The budget request also continued all
restrictions on LSC-funded activities currently in effect. The Administration’s
FY2003 request for LSC ($329.3 million) was the same as the amount currently
obligated for the program for FY2002. Historically, the Corporation’s highest level
of funding was $400 million in FY1994 and FY1995.
Equal Employment Opportunity Commission (EEOC). The
Commission enforces laws banning employment discrimination based on race, color,
national origin, sex, age or disability. The EEOC’s workload has increased
dramatically since the agency was created under Title VII of the Civil Rights Act of
1964. Passage of the Americans with Disabilities Act of 1990 and the Civil Rights
Act of 1991, as well as employees’ growing awareness of their rights, have made it
difficult for the agency’s budget and staffing resources to keep pace with its
heightened caseload.
Congress approved $279 million for the agency’s FY1999 budget, an increase
of $37 million. The following year the appropriation rose minimally to $282 million,
but the Commission received a $21 million increase for FY2001 ($303 million).
Despite this funding pattern, the EEOC was able to reduce by about 70% the backlog
of private sector charges from a high of 111,000 in mid-1995 and to reduce the
average processing time for private sector charges to 216 days. (The latter was
largely due to the Commission’s expanded use of alternative dispute resolution
procedures, e.g. mediation).
The Congress complied with President Bush’s request for $310.4 million for
FY2002 – an increase of $7.2 million – to allow the agency to further enhance its
record in its private sector program and make improvements in its federal sector
program, among other things. The House Committee directed the Commission to
continue reducing the backlog of private sector discrimination charges; it expressed
concern about the still high level of these charges (32,481 in FY2001) and expected
CRS-41
the agency to exceed the small (6%) backlog reduction assumed in the
Administration’s budget request. The Committee also stated that the Commission
should continue spending at least $1.8 million on contract mediation, which is in
addition to the EEOC staff’s mediation.
The Bush Administration’s request for FY2003 appears to partly follow the
House Committee’s recommendations. The Commission anticipates achieving a
12.1% reduction in the backlog of private sector charges and intends to devote $2.6
million to the contract mediation program. The agency is requesting $323.5 million,
which includes $14.7 million to fund its full share of federal employee retirement
costs as part of the Administration’s government-wide proposal. It expects to deal
with the $1.6 million decrease from the Commission’s FY2002 appropriation through
efficiencies realized from workforce restructuring.
Commission on Civil Rights. The Commission collects and studies
information on discrimination or denials of equal protection of the laws. It received
an appropriation of $8.9 million in FY2000 and FY2001. The FY2002 enacted level
is $9.1 million. The President’s request for FY2003 is to continue funding at $9.1
million.
Federal Communications Commission (FCC). The FCC is an
independent agency charged with regulation of interstate and foreign communication
by means of radio, television, wire, cable and satellite. For FY2003 the Commission
is requesting $268.3 million in total FCC funding, a 9.5% increase over FY2002
resources of $245.1 million. The request consists of a direct appropriation of $20.1
million and $248.2 million in offsetting regulatory fees (compared with a direct
appropriation of $26.3 million and $218.8 million in regulatory fees for FY2002).
The request includes $9.8 million to fund the President’s government-wide
legislative proposals to fully fund all retirement costs at the agency level and $268.3
million for Commission operational requirements to maintain existing programs.
In keeping with the requirements of the Government Performance and Results
Act, the FCC, as part of its FY2003 budget request, set forth its overall mission and
general and specific goals.24
Federal Maritime Commission (FMC). The FMC regulates the
international waterborne commerce of the United States and has responsibility for
licensing and bonding ocean transportation intermediaries. The Administration
requested $18.5 million for the FMC for FY2003, about $2 million more than
Congress appropriated in FY2002.
24 “Our most immediate challenge,” the Commissions stated, “is to integrate the changing
character of the industry into our core functions of (1) licensing; (2) competition; (3)
enforcement; (4) consumer information services; and (5) spectrum management” U.S.
Federal Communications Commission. Fiscal Year 2003 Budget Estimates to Congress, p.
18, available at [http://www.fcc.gov/Reports/fcc2003budget_complete.pdf], visited May 3,
2002.
CRS-42
The Federal Trade Commission (FTC). The FTC, an independent agency,
is responsible for enforcing a number of federal antitrust and consumer protection
laws. In recent years the FTC has used pre-merger filing fees collected under the
Hart-Scott-Rodino Act to entirely fund its operations; Zero ($0) direct appropriations
have been required.
For FY2002 the Administration requested a program level of $156.3 million for
the FTC, an increase of $9.1 million over the current year appropriation. All of the
funding would come from offsetting collections derived from fees collected for pre-
merger filings during FY2002, so as to result in a final direct appropriation of zero
($0). The House approved a slightly smaller funding level: $156 million. The
Senate-passed bill recommended $156.3 million. This amount, too, would be
entirely derived from fees collected by the agency. The conference agreement
provided the FTC with $156 million for FY2002. This action resulted in a final
direct appropriation of zero ($0).
For FY2003, the President’s budget requests $173.5 million for the FTC, an
increase of approximately $17.5 million over the agency’s current appropriation. As
in the recent past, all funding would come from offsetting fee collections, so as to
result in a final direct appropriation of zero($0).
Securities and Exchange Commission (SEC). The SEC administers and
enforces federal securities laws in order to protect investors and to maintain fair and
orderly stock and bond markets. The SEC collects fees on various securities market
transactions. In recent years, these collections have exceeded the agency’s budget by
a wide margin. Legislation passed by the 107th Congress (H.R. 1088, P.L. 107-123.)
reduced these fees.
In 2001, Congress approved a total operating level of $437.9 million for the
SEC, an increase of $15.1 million over FY2001. Of the total, $109.5 million is to
come from fees collected in FY2002 and the remaining $324.4 million from
prior-year fees. As was the case in FY2001, no direct appropriations were needed –
the SEC was be funded entirely by current and prior year fee collections.
For FY2003, the Administration requested $466.9 million for the SEC, an
increase of 6.6% over FY2002. There is some support in Congress for a larger
increase, both to fund “pay parity” provisions in P.L. 107-123 (which authorize the
SEC to pay certain employees at the level of federal bank examiners) and to increase
scrutiny of corporate financial statements. For example, H.R. 3764 (Rep. Oxley)
would authorize FY2003 appropriations of $700 million, while H.R. 3818 (Rep.
LaFalce) calls for $876 million.
The State Justice Institute (SJI). The Institute is a private, non-profit
corporation that makes grants to state courts and conducts other activities to further
the development of judicial administration in state courts throughout the United
States. The future outlook for federal funding of SJI, however, is uncertain.
Although the Institute has requested an appropriation of $13.55 million for FY2003,
the President has proposed nothing for SJI in his FY2003 budget, in accord with
congressional language, in a FY2002 conference committee report, stating an intent
that federal funding for the Institute not go beyond FY2002. (Under the terms of its
CRS-43
enabling legislation, SJI is authorized to present its request directly to Congress, apart
from the President’s budget.)
In the previous annual appropriations cycle, Congress scaled back the Institute’s
funding significantly, approving $3.0 million for FY2002, instead of $6.835 million
and $6.2 million approved earlier by the House and Senate respectively. (The
Institute’s FY2001 appropriation had been $6.835 million.) The action to reduce SJI
funding occurred at the conference committee stage. In their report, conferees stated
that the $3.0 million appropriated for the SJI was “available for fiscal year 2002
only”and that the conferees did not recommend continued federal support for the
Institute beyond FY2002. “The termination of funding for this program,” the report
explained, “does not necessarily mean the dissolution of the Institute.” The conferees
encouraged the Institute to solicit private donations and resources from State and
local agencies.25 No additional information explaining the decision to end federal
funding for SJI after FY2002 was provided in the conference report.
In requesting an increased FY2003 appropriation of $13.55 million, the
chairman of SJI’s board of directors said the Institute is mindful of the FY2002
conference report language expressing the intent to end federal funding for SJI after
FY2002. In a letter to Congress, however, he maintained there is “a continuing need
for the assistance that only SJI can provide to our nation’s courts and to the people
who rely on them for justice.” He pointed to”new burdens that continue to fall on
state courts—including the challenges of coping with new technology, the surge of
people appearing in court without lawyers, and the myriad requirements being
imposed by Congress and state legislatures, which he said have created “greater
demands than ever” for SJI grant projects.26
Separate from the appropriations process, Congress recently approved
legislation, H.R. 2048, solely concerned with the State Justice Institute. The bill,
which the Senate approved without amendment, was signed by the President on May
20, 2002–P.L. 107-179). It requires the Attorney General to submit to the House and
Senate Judiciary Committees a report regarding the effectiveness of SJI by October
1, 2002.
25 U.S. Congress, Conference Committee, Making Appropriations for the Departments of
Commerce, Justice, and State, the Judiciary, and Related Agencies for the Fiscal Year
Ending September 30, 2002, and for Other Purposes, report to accompany H.R. 2500, 107th
Cong, 1st sess., H.Rept. 107-278 (Washington: GPO, 2001), p. 167.
26 Robert A. Miller, Chairman, Board of Directors, State Justice Institute, letter to Hon.
Frank R. Wolf, Chairman, Subcommittee on Departments of Commerce, Justice, and State,
the Judiciary, and Related Agencies, Committee on Appropriations, U.S. House of
Representatives, Feb. 4, 2002. The SJI Board chairman said that efforts to solicit private
donations from state and local agencies, as well as from foundations, had not been
promising. SJI, he said, had been told that it was “very unlikely that any foundation would
give money to another grant-giver to give to other organizations that the foundation could
have funded directly. In addition, very few private grantors have demonstrated an interest
in court-related projects.” Apart from the unlikelihood of receiving funding support from
these other sources, the principal reason that SJI was turning again to the federal government
for funding, he said, “is that we continue to believe that there is a substantial federal interest
in assisting state courts through SJI.” Ibid.
CRS-44
Office of the U.S. Trade Representative (USTR). USTR is located in the
Executive Office of the President (EOP) and its budget is a component of the
consolidated EOP budget. USTR is the chief trade negotiator for the United States,
and it is responsible for developing and coordinating U.S. international trade and
direct investment policies. The President’s FY2003 request was $32.3 million, $2.2
million above the amount ($30.1 million) approved by Congress in FY2002.
U.S. International Trade Commission (ITC). ITC is an independent,
quasi-judicial agency that advises the President and Congress on the impact of U.S.
foreign economic policies on U.S. industries and is charged with implementing
various U.S. trade remedy laws. Its six commissioners are appointed by the President
for 9-year terms. As a matter of policy, its budget request is submitted to Congress
by the President without revision. For FY2003, ITC requests $56.3 million, a $4.9
million increase over the FY2002 funding level ($51.4 million). The increase will be
used to fund a mandatory 4.6% pay increase, to fund several information technology
projects to increase public access to information, to improve electronic transaction
capability, and to develop more accurate trade information for affected constituents.
U.S. Commission on International Religious Freedom. The
Commission, established in P.L. 105-292, is an independent agency charged with the
annual and ongoing review and reporting of the facts and circumstances of violations
of religious freedom. The appropriation for FY1999 was $3 million. No additional
funds were appropriated for FY2000 or FY2001. Congress passed the requested
amount of $3 million for FY2002. The Administration FY2003 request is $3 million.
Title V. Other Related Agencies
(millions of dollars)
FY2001 FY2002 FY2003
Department or Agency
Enacted Enacted Request
Maritime Administration
219.1
224.7
207.1
Small Business Administration
857.6
888.5
783.0
Legal Services Corporation
329.3
329.3
329.3
Equal Employment Opportunity
Commission (EEOC)
303.2
311.7
308.8
Commission on Civil Rights
8.9
9.1
9.1
Federal Communications
Commission (FCC)
29.3a
26.3a
20.1a
Federal Maritime Commission
15.5
16.5
17.4
Federal Trade Commissionb
0.0
0.0
18.6
Securities and Exchange
Commission (SEC)c
421.9
458.6
466.9
State Justice Institute
6.8
3.0
13.6 d
U.S. Commission on International
Religious Freedom
-.-
3.0
3.0
Other
1.9e
15.5
21.4
Total: Related Agencies
2,196.5
2,286.2
2,184.7
CRS-45
a For FY2001, Congress approved $229.5 million in overall funding resources for the FCC, consisting
of a direct appropriation of $29.3 million and $200.1 million in offsetting regulatory fee
collections. For FY2002, Congress enacted $245.1 million for FY2002, consisting of a direct
appropriation of $26.3 million and $218.8 million in offsetting collections. For FY2003, the
President has requested $268.3 million in overall funding resources, consisting of a direct
appropriation of $20.1 million and $248.2 million in offsetting fee collections.
b The FTC is fully funded by the collection of pre-merger filing fees.
c The SEC is fully funded by transaction fees and securities registration fees.
d Under the terms of its enabling legislation, the State Justice Institute is authorized to present its
budget request directly to Congress. For FY2003, the Institute requested $13.6 million–as
distinguished from the President, who has requested no funding for SJI.
e Other includes agencies receiving appropriations of less than $2.0 million in FY2002. These
agencies include Commission for the Preservation of American Heritage Abroad; Commission
on Security and Cooperation in Europe; Commission on Electronic Commerce; the Marine
Mammal Commission, the Commission on Ocean Policy, and the Congressional/Executive
Commission on China, the National Veterans Business Development Corp, the Pacific Charter
Commission, and the U.S. Canada Alaska Rail Commission.
Related Legislation
H.R. 2048 (Coble)
Requires the Attorney General to submit by October 2, 2002 to House and
Senate Judiciary Committees a report regarding the effectiveness of the State Justice
Institute. Introduced June 5, 2001; referred to the House Judiciary Committee.
Reported by Judiciary Committee, August 2, 2001. Agreed to by voice vote of
House, under suspension of the rules, Sept. 5, 2001. Received in the Senate, Sept.
6, 2001; referred to the Judiciary Committee. Reported by the Judiciary Committee,
without amendment, September 13, 2001. Passed Senate without amendment by
unanimous consent, May 7, 2002. Presented to President, May 8, 2002.
P.L. 107-
179, May 20, 2002.
H.R. 518 (Regula et al.)
Amends the Trade Act of 1974 to revise the injury threshold the International
Trade Commission must consider to determine the risk of increased imports to a
domestic industry producing like or directly competitive articles in escape clause
(Sec.201) actions. Introduced February 7, 2001; referred to House Ways and Means
Committee.
H.R. 1988 (English et al.); S. 979 (Durbin et al.)
Amends the Trade Act of 1974 to revise the injury threshold the International
Trade Commission must consider to determine the risk of increased imports to a
domestic industry producing like or directly competitive articles in escape clause
(Sec.201) actions. Amends the Tariff Act of 1930 to revise various factors that the
Commission must consider in making material injury determinations in
countervailing duty and antidumping duty proceedings. H.R. 1988 introduced May
24, 2001; referred to House Ways and Means Committee. S. 979 introduced May 26,
2001; referred to Senate Finance Committee.
CRS-46
S. 422 (Wellstone); H.R. 837 (Oberstar et al.)
Directs the International Trade Commission to consider U.S. produced taconite
pellets to be like or directly competitive with semifinished steel slab for purposes of:
(1) Section 201 injury determinations, and (2) antidumping or countervailing duty
determinations. S. 422 introduced March 1, 2001; referred to Senate Finance
Committee. H.R. 837 introduced March 7, 2001; referred to House Ways and Means
Committee.
S. 187 (Snowe et al.); H.R. 1782 (Manzullo et al.)
Small Business Export Enhancement Act of 2001 - Amends the Trade Act of
1974 to establish in the Office of the United States Trade Representative (USTR) the
position of Assistant USTR for Small Business to promote the trade interests of small
businesses, remove foreign trade barriers that impede small business exporters, and
enforce existing trade agreements beneficial to small businesses. S. 187 introduced
January 25, 2001; referred to the Senate Budget and Senate Governmental Affairs
Committee. H.R. 1782 introduced May 9, 2001; referred to House Committee on
Ways and Means.
S. 714 (Snowe et al.)
Expresses the sense of Congress that the U.S. Trade Representative should
pursue the establishment of a small business advocate at the World Trade
Organization (WTO) to safeguard the interests of small firms and represent those
interests in trade negotiations involving the WTO. Introduced April 5, 2001; referred
to the Senate Finance Committee.
S. 19 (Daschle et al.)
Protecting Civil Rights for All Americans Act. Would authorize $400 million
for the Legal Services Corporation for FY2002. Introduced January 22, 2001;
referred to S. Judiciary Committee.
CRS-47
Appendix. Appropriations Funding for Departments
of Commerce, Justice, State, the Judiciary, and
Related Agencies – FY2001, FY2002, and the
FY2003 Request
(millions of dollars)
Title I. Department of Justice
FY2001
FY2002
FY2003
Department or Agency
Enacted Enacted
Request
Office of Justice Programs
4,657.4
4,944.4
3,116.7
Legal Activities
3,143.4
3,555.5
3,076.7
Interagency Law Enforcement
325.1
338.6
362.1
Federal Bureau of
Investigation (FBI)
3,245.1
4,269.9
4,203.8
Drug Enforcement
Administration (DEA)
1,360.1
1,481.8
1,545.9
Immigration and
Naturalization Service (INS)
3,252.0
3,499.9
4,032.4
Federal Prison System
4,306.4
4,625.6
4,480.4
Other
759.7
988.3
1,982.3
Total: Justice Department
21,049.5 23,704.0 22,800.3
Title II. Department of Commerce and Related Agencies
FY2001
FY2002
FY2003
Department or Agency
Enacted Enacted Request
Departmental Management
55.8
62.6
70.9
Bureau of the Census
432.7
490.8
705.3
Economic and Statistical
Analysis
53.6
62.5
73.2
International Trade
Administration
333.7
344.5
363.7
Bureau of Export
Administration
64.7
70.6
100.2
Minority Business
Development Agency
27.2
28.4
28.9
National Oceanic and
Atmospheric Administration
3,040.8
3,258.8
3,130.6
Patent and Trademark Officea
(1,037.0) (1,127.5) (1,304.4)
Technology Administration
8.1
8.2
7.9
National Institute of Standards
and Technology
597.0
680.8
563.1
CRS-48
FY2001
FY2002
FY2003
Department or Agency
Enacted Enacted Request
National Telecommunications
and Information
Administration
100.2
81.3
60.3
Economic Development
Administration
438.9
365.6
348.0
Subtotal: Commerce
Department
5,152.8
5,739.0
5,552.2
Office of the U.S. Trade
Representative
29.5
30.1
32.3
International Trade
Commission
48.0
51.4
54.0
Subtotal: Related Agencies
77.4
81.5
86.3
Total: Dept. of Commerce
and Related Agencies
5,230.2
5,820.5
5,638.5
Title III. Judiciary
FY2001 FY2002 FY2003
Department or Agency
Enacted Enacted Request
Supreme Court — salaries and
expenses
37.5
40.0
46.3
Supreme Court — building and
grounds
7.5
67.5
53.6
U.S. Court of Appeals for the
Federal Circuit
17.9
19.3
21.9
U.S. Court of International Trade
12.4
13.1
13.8
Courts of Appeals, District
Courts, other judicial services —
salaries and expenses
3,352.9
3,591.1
4,014.1
Vaccine Injury Act Trust Fund
2.6
2.7
2.8
Defender Services
434.0
500.7
588.7
Fees of Jurors and
Commissioners
59.4
48.1
57.8
Court Security
199.1
278.2
298.2
Administrative Office of the U.S.
Courts
58.2
64.5
66.9
Federal Judicial Center
18.7
19.7
21.9
Retirement Funds
35.7
37.0
35.3
U.S. Sentencing Commission
9.9
11.6
13.2
General Provisions – Judges’ Pay
Raise
8.8
8.6
7.0
Total: Judiciary
4,254.8
4,707.2
5,241.6
CRS-49
Title IV. Department of State and International Broadcasting
FY2001 FY2002 FY2003
Department or Agency
Enacted Enacted Request
Administration of Foreign Affairs
4,777.2
5,549.2
5,886.7
International Organizations and
Conferences
1,713.1
1,694.1
1,617.4
International Commissions
56.1
60.5
67.3
Related Appropriations
54.4
57.7
60.5
Subtotal: State Departmentc
6,600.8
7,361.5
7,631.9
International Broadcasting
440.5
479.0
507.0
Total: State Department, and
International Broadcasting
7,041.3
7,840.5
8,138.9
Title V. Other Related Agencies
FY2001 FY2002 FY2003
Department or Agency
Enacted Enacted Request
Maritime Administration
219.1
224.7
207.1
Small Business Administration
857.6
888.5
783.0
Legal Services Corporation
329.3
329.3
329.3
Equal Employment Opportunity
Commission (EEOC)
303.2
311.7
308.8
Commission on Civil Rights
8.9
9.1
9.1.
Federal Communications
Commission (FCC)
29.3d
26.3d
20.1d
Federal Maritime Commission
15.5
16.5
17.4
Federal Trade Commissione
0.0
0.0
18.6
Securities and Exchange
Commission (SEC)f
421.9
458.6
466.9
State Justice Institute
6.8
3.0
13.6 g
U.S. Commission on International
Religious Freedom
-.-
3.0
3.0
Other
1.9h
15.5
21.4
Total: Related Agencies
2,196.5
2,286.2
2,184.7
Title VI. General Provisions
FY2001
FY2002
FY2003
Department or Agency
Enacted Enacted
Request
Section 604
0.0
–
–
CRS-50
Title VII. Rescissions
FY2001
FY2002
FY2003
Department or Agency
Enacted
Enacted
Request
Department of Justice
Working capital fund
0.0
0.0
0.0
Legal Activities
0.0
0.0
0.0
Asset forfeiture fund
0.0
-40.0
0.0
Federal Bureau of
Investigation
0.0
0.0
0.0
Information sharing
0.0
0.0
0.0
Drug Enforcement
Administration
–
0.0
0.0
Drug diversion fund
8.0
0.0
0.0
Immigration and
Naturalization Service
0.0
0.0
0.0
Immigration
emergency fund
0.0
0.0
0.0
Department of Commerce,
Departmental Management
-114.8
-5.2
-96.9
Department of State and
Related Agencies
0.0
0.0
0.0
Contributions for
International
Peacekeeping
activities
0.0
0.0
0.0
Broadcasting Board of
Governors
0.0
0.0
0.0
International broadcasting
operations
0.0
0.0
0.0
Maritime Administration
0.0
0.0
0.0
Maritime guaranteed
loan (Title XI
program)
7.6
0.0
0.0
ship construction
0.0
-4.4
0.0
Small Business
Administration
0.0
0.0
0.0
Business Loans Program
Account
0.0
-5.5
0.0
Securities and Exch.
Commission
0.0
-50.0
0.0
Total: Rescissions
-130.4
-105.1
-96.9
CRS-51
Title IX.
FY2001
FY2002
FY2003
Department or Agency
Enacted
Enacted
Request
Wildlife Conservation and
Restoration Planning
50.0
0.0
0.0
Total Appropriation Funding, Titles I-IX, FY2001-FY2003
Request
FY2001
FY2002
FY2003
Department or Agency
Enacted Enacted Request
GRAND TOTAL:
39,786.7 44,272.5 43,907.1
Source: U.S. House of Representatives. Committee on Appropriation.
Note: Details may not add to totals due to rounding. Figures are for direct appropriations only; in
some cases, agencies supplement these amount with offsetting fee collections, including
collections carried over from previous years. These agencies include: Immigration and
Naturalization Service, Patent and Trademark Office, Small Business Administration, Federal
Communications Commission, Federal Trade Commission, and the Securities and Exchange
Commission. Information on such fees are contained in the background and issues sections of
this report. Data for FY2002 include Emergency Response Funds from the supplemental
appropriation P.L. 107-117).
a The Patent and Trademark Office (PTO) is fully funded by user fees. The fees collected, but not
obligated during the current year, are available for obligation in the following fiscal year. The
Administration requests $100 million in prior-year carryover funds for FY2003.
b As of October 1, 1999 both USIA and ACDA were consolidated into the Department of State.
International Broadcasting remains an independent agency.
c In addition to appropriations, State has authority to spend certain collected fees from machine
readable visas, expedited export fees, etc. For FY2001, this amount equals $469.4 million; the
estimated amount for such fees for FY2002 is $542.7 million. The President’s FY2003 request
includes use of $744.4 million in collected fees.
d For FY2001, Congress approved $229.5 million in overall funding resources for the FCC, consisting
of a direct appropriation of $29.3 million and $200.1 million in offsetting regulatory fee
collections. For FY2002, Congress enacted $245.1 million for FY2002, consisting of a direct
appropriation of $26.3 million and $218.8 million in offsetting collections. For FY2003, the
President has requested $268.3 million in overall funding resources, consisting of a direct
appropriation of $20.1 million and $248.2 million in offsetting fee collections.
e The FTC is fully funded by the collection of pre-merger filing fees.
f The SEC is fully funded by transaction fees and securities registration fees.
g Under the terms of its enabling legislation, the State Justice Institute is authorized to present its
budget request directly to Congress. For FY2003, the Institute requested $13.6 million—as
distinguished from the President, who has requested no funding for SJI.
h Other includes agencies receiving appropriations of less than $2.0 million in FY2002. These
agencies include Commission for the Preservation of American Heritage Abroad; Commission
on Security and Cooperation in Europe; Commission on Electronic Commerce; the Marine
Mammal Commission, the Commission on Ocean Policy, and the Congressional/Executive
Commission on China, the National Veterans Business Development Corp, the Pacific Charter
Commission, and the U.S. Canada Alaska Rail Commission.